Showing posts with label Religious discrimination. Show all posts
Showing posts with label Religious discrimination. Show all posts

Friday, April 27, 2018

Judge Rules Pro-Trump Hat Is Not Part of Any Religious Belief

New York Post reports that a New York state trial court judge on Wednesday dismissed a discrimination suit that had been filed by an accountant who was told to leave a West Village bar because he was wearing a pro-Trump "Make America Great Again" cap.  At a hearing, plaintiff's lawyer, when faced with the argument that state and local anti-discrimination laws only protect religious beliefs and not political ones, attempted to turn plaintiff's case into a religious discrimination suit, saying:
The purpose of the hat is that he wore it because he was visiting the 9/11 Memorial.  He was paying spiritual tribute to the victims of 9/11. The Make American Great Again hat was part of his spiritual belief.
After hearing arguments, the judge took a short break and then ruled from the bench:
Plaintiff does not state any faith-based principle to which the hat relates.

Friday, April 13, 2018

Judge's Suit Challenging His Removal From Death Penalty Cases Moves Ahead

In Griffen v. Arkansas Supreme Court, (ED AR, April 12, 2018), an Arkansas federal district court held that sovereign and judicial immunity do not bar a suit for declaratory relief brought by a state court judge against justices of the Arkansas Supreme Court after they barred him from hearing death penalty cases.  Plaintiff, who is also a pastor, was active in demonstrations and vigils opposing the death penalty.  He contends that the action taken against him amounts to retaliation based on his speech and religion in violation of the 1st Amendment and the Arkansas Religious Freedom Restoration Act. The court held that he had stated a plausible claim for relief.  AP reports on the decision.

UPDATE: On April 24, defendants filed a writ of mandamus with the 8th Circuit challenging the district court's refusal to dismiss the lawsuit. (Arkansas Online).

Dolphins Cheerleader Claims Religious Discrimination In Limits On Her Social Media Posts

According to USA Today, former Miami Dolphins cheerleader Kristan Ann Ware this week filed a complaint with the Florida Commission on Human Relations against the Dolphins and the National Football League alleging religious and gender discrimination.  She says that in her annual work review, she was told not to discuss on social media her religious decision to abstain from sex before marriage.  She had posted a photo of her baptism online.  She contends that the players are not held to the same standards regarding discussion of religion on social media.

Saturday, April 07, 2018

Fired Mormon City Manger Can Move Ahead Under Title VII Against Some Defendants

In Fuqua v. City of Altus, (WD OK, April 6, 2018), an Oklahoma federal district court allowed the former City Manager of an Oklahoma city to proceed with his Title VII religious discrimination suit against the city and its mayor, but dismissed his claims against two other city officials.  Plaintiff David Fuqua alleges that he was fired from his position because he is a Mormon and because he hired Mormons for the positions of Assistant City Manager and Public Works Director.  The court dismissed two defendants, the Chief Financial Officer and the City Clerk, because they had no formal role in evaluating Fuqua or in the decision to fire him, saying in part:
There is plenty of evidence that they agitated against plaintiff, or for his removal, on the basis of his religion, but there is none that suggests they played some formal role in the City’s dealings with plaintiff. Complaints and gossip, even lots of it, do not arise to the level of involvement necessary to establish the necessary causative link.

Thursday, March 15, 2018

Suit By "Clock Boy" Is Dismissed

In Mohamed v. Irving Independent School District, (ND TYX, March 13, 2018), a Texas federal district court dismissed a number of claims brought on behalf of the so-called "clock boy"-- a 14-year old African-American Muslim student who was suspended from school and arrested on "hoax bomb" charges when he brought an alarm clock he had constructed to school.  The complaint charged in part that the school district "has an 'ugly history of race struggles,' and the State of Texas and the IISD have a 'history of discrimination against Muslims in Texas curriculum and schools.'"  The court concluded that the complaint:
does not contain sufficient factual allegations from which the court can reasonably infer that A.M. was subject to unequal disciplinary treatment based on his religion or race....
Daily Caller reports on the decision.

Saturday, March 03, 2018

Inmate Is Not "Employee" Under Title VII

A Texas federal magistrate's decision in Smith v. Gonzales, 2018 U.S. Dist. LEXIS 31836 (ND TX, Feb. 2, 2018), adopted by the court at 2018 U.S. Dist. LEXIS 30160 (Feb. 26, 2018), rejected a Title VII religious discrimination claim filed by a state prison inmate.  Plaintiff David Wayne Smith alleged religious discrimination because he was required to work in his prison job on the Sabbath. The court, relying in part on a 1986 EEOC opinion, held that the inmate is not an "employee" for purposes of Title VII of the 1964 Civil Rights Act.

Monday, February 12, 2018

European Court Upholds Conviction For Inciting Hatred

In Smajić v. Bosnia and Herzegovina, (ECHR, Jan. 16, 2018), a 3-judge panel of the European Court of Human Rights rejected a claim by a a citizen of Bosnia and Herzegovina that his free expression rights were infringed when he was convicted of inciting national, racial and religious hatred, discord or intolerance.  Applicant had posted online action that should be taken by Bosniac citizens of the Brčko District in the event of war and secession of  Republika Srpska (one of the two constituent entities of Bosnia and Herzegovina).  According to the court:
The applicant had used expressions which were highly insulting to members of an ethnic group, such as “this stinking Christmas”, “get rid of the danger behind our backs”, “the city centre should then be slowly cleansed” and “Serbs who came from different shitholes live there”.
Rejecting applicant's argument that his conviction violated Art. 10 of the European Convention on Human Rights, the court said in part:
31. The Court notes that the applicant’s conviction amounted to an “interference” with his right to freedom of expression. An interference contravenes Article 10 of the Convention unless it is “prescribed by law”, pursues one or more of the legitimate aims referred to in paragraph 2 of Article 10, and is “necessary in a democratic society” for achieving such an aim or aims.
32. The interference in the present case was prescribed by law; namely, it was based on Article 160 § 1 of the 2003 BD Criminal Code... Furthermore, the Court is satisfied that it pursued at least one of the legitimate aims referred to in Article 10 § 2 – namely the protection of the reputation and rights of others.
33. The Court reiterates that freedom of expression is one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment. Subject to Article 10 § 2, it applies not only to “information” or “ideas” that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb. Such are the demands of pluralism, tolerance and broadmindedness, without which there is no “democratic society”. As set forth in Article 10, this freedom is subject to exceptions, but these must be construed strictly, and the need for any restrictions must be established convincingly....

Monday, December 25, 2017

Mormon Student Loses Religious Harassment Claim Against College Tennis Coach

In Duffin v. Idaho State University, (D ID, Dec. 21, 2017), an Idaho federal district court dismissed on qualified immunity grounds religious discrimination and other constitutional claims by a Mormon college student who alleges that the head tennis coach and his assistant harassed plaintiff about his religion. The court added:
Defendants were clearly harassing Duffin about his religion, and trying to test his adherence to his beliefs – especially when they invited him to a night club and sent women to his hotel room to proposition him for sex. Such actions were boorish and entirely inappropriate. In doing so, they likely intended to discourage Duffin from practicing his religion and following the tenets of his faith, by presenting him with opportunities to act contrary to his religious beliefs. But, their actions do not rise to the level of coercion or substantial pressure to modify Duffin’s behavior, which is needed to establish a free exercise of religion claim.
The court asserted supplemental jurisdiction over plaintiff's state law claims.  In connection with plaintiff's negligence claim, the court certified a question of law to the Idaho Supreme Court.  The court dismissed plaintiff's intentional infliction of emotional distress claim and denied summary judgment on his claim for negligent infliction of emotional distress.

Thursday, December 14, 2017

Injunction Denied Again In Church Founder's Suit Over Marijuana Cutivation

In Harris v. City of Clearlake, (ND CA, Dec. 12, 2017), a California federal district court for the second time (see prior posting) denied a preliminary injunction, and dismissed with leave to amend, a religious discrimination suit brought by the founder of the Church of the Greater Faith & Redemption. The Church cultivates cannabis for sacramental purposes.  Plaintiff claims that his free exercise rights were infringed by the issuance against him of an administrative citation for violating a city ordinance regulating the growing of marijuana, and threats to close down the church's activities if plaintiff did not comply.  The court held that plaintiff had not shown how his exercise of religion was burdened.  Moreover, the ordinance at issue is a neutral law of general applicability.

UPDATE: A second amended complaint was dismissed in 2018 U.S. Dist. LEXIS 17742 (Feb. 2, 2018) for containing no new allegations.

Tuesday, December 12, 2017

Jewish Museum CFO Claims Religious Discrimination

The New York Post reported last week that the former chief financial officer of New York's Museum of Jewish Heritage has filed suit alleging that he was forced out of his position because he is Muslim.  According to the Post:
Mohad Athar says he was subjected to racial slurs and false performance reviews after a new chief executive officer, Michael Glickman, was hired in 2016.

Friday, December 08, 2017

Rabbinical College Wins Challenge To Zoning and Environmental Laws

In Congregation Rabbinical College of Tartikov, Inc. v. Village of Pomona, NY, (SD NY, Dec. 7, 2017), a New York federal district court in a 112-page opinion held that various zoning and environmental regulations enacted by the Village of Pomona violate the rights of plaintiff which is seeking to build a rabbinical college, on-campus housing and related religious facilities on a 100-acre piece of land which it owns.  The court held that plaintiff had proven that the challenged laws were enacted with a discriminatory purpose to "thwart the expansion of the orthodox/ Hasidic community.  The challenged laws were found to violate the Equal Protection Clause, the state and federal Free Exercise Clauses, RLUIPA's non-discrimination provisions, and the Fair Housing Act.  the court also concluded that the challenged laws imposed a substantial burden on plaintiff's religious exercise in violation of RLUIPA.  Lohud reports on the decision.

Wednesday, October 18, 2017

Plaintiff Argues that "Make America Great Again" Hat Is Religious Expression

The Gothamist this week reports that a plaintiff in a New York lawsuit against a West Village bar is defending against a motion to dismiss by claiming that his wearing of a "Make America Great Again" hat was religious expression.  Plaintiff Greg Piatek, a Philadelphia accountant, sued after he was allegedly insulted by the bartender and eventually removed from the bar because of the message on his hat. He now says that he was discriminated against because of his spiritual beliefs.  He argues that these beliefs are related to his sympathy for the victims of 9/11.

Friday, September 29, 2017

EEOC Files Two Religious Accommodation Suits

On Wednesday the EEOC announced the filing of two separate religious discrimination lawsuits.  One suit (press release) was brought against the Sacramento, California-based supermarket chain Raley's for refusing to continue accommodating the religious needs of a Jehovah's Witness employee. The employee was fired after insisting that she needed to attend religious meetings on Wednesday evenings and Sunday afternoons.

In a second suit (press release), the EEOC sued  the Florida-based Publix Supermarket chain for refusing to accommodate a Ratafarian new hire's religious need to wear his hair in dreadlocks.

Monday, September 25, 2017

EEOC Sues Doctor Over Required Bible Sessions For Employees

The EEOC last week filed suit against a Texas physician who required employees to attend daily meetings involving Bible study and the application of religious principles to employees' personal lives.  The complaint (full text) in EEOC v. Shepherd, (ND TX, filed 9/20/2017) seeks relief on behalf of 4 employees who were dismissed over objections to the meetings or over personal lifestyles. Courthouse News Service reports on the lawsuit.

Friday, August 25, 2017

Fired Employee Loses Religious Discrimination Suit Against Kansas Secretary of State

According to the Topeka Capital-Journal,  a Kansas federal district court jury rejected a religious discrimination claim by a former employee in the business services division in the state Secretary of State's office.  Plaintiff Courtney Canfield claimed that assistant secretary of state Gary Laughlin had told Canfield's grandmother-- a long-time friend of Lauglin's-- that Canfield had been fired because she did not attended church. At trial, the secretary of state's office said it had fired Canfield for sporadic attendance, breaching office cellpohne policies and creating a distraction for other employees.

Monday, July 17, 2017

Suit Challenges Christian-Only Ownership Rules In Chautauqua Cottage Community

A discrimination lawsuit was filed in a Michigan federal district court last week against the Bay View Association, a Lake Michigan summer community with roots in the Chautauqua Movement. The complaint (full text) in Bay View Chautauqua Inclusiveness Movement v. Bay View Association of the United Methodist Church, (WD MI, filed 7/10/2017), challenges provisions in the Association's rules that limit cottage ownership to practicing Christians.  The suit contends that this is religious discrimination that violates the U.S. and Michigan constitutions, the federal Fair Housing Act, and Michigan's Elliott-Larsen Civil Rights Act.  Petoskey (MI) News-Review reports on the lawsuit.

Thursday, May 25, 2017

Suit Challenges School District's Anti-Islamophobia Program

Freedom of Conscience Defense Fund announced yesterday that it has filed a religious discrimination lawsuit in a California federal district court against the San Diego Unified School District.  The suit, filed on behalf of a group of parents, challenges an Anti-Islamophobia program instituted by the school district to combat bullying and harassment of Muslim students.  The lawsuit particularly objects to the school board's collaboration with CAIR, a group which plaintiffs say has ties to radical Islam.  The complaint alleges in part:
Under the guise of this anti-bullying program, Defendants have fallen in with [CAIR] to set up a subtle, discriminatory scheme that establishes Muslim students as the privileged religious group within the school community.  Consequently, students of other faiths are left on the outside looking in, vulnerable to religiously motivated bullying, while Muslim students enjoy an exclusive right to the School District’s benevolent protection.

Muslim Student Sues Claiming Grade Was Result of Religious Discrimination

NJ Advance Media reported yesterday on a religious discrimination lawsuit filed by a Union County College Muslim student.  Plaintiff Sahna ElBanna claims that her business professor, Toby Grodner, gave her an "F" in a course in which she earned A's on exams that count for 60% of the grade. The professor says ElBanna received F's on multimedia assignments that comprised the remaining 40% of her grade. ElBanna claims that Grodner made derogatory comments about Muslims in class-- using the terms "Muslim" and "terrorist" interchangeably, and questioning her about her religion.

Long Skirts, Title II vs. Title VII

In Jalal v. Lucille Roberts Health Clubs, Inc., (SD NY, May 22, 2017), a New York federal district court dismissed a suit brought by a Jewish woman against a health club which refused to allow her to wear a long skirt while using gym equipment.  In the suit, plaintiff Yosefa Jalal alleged that by refusing to allow her to dress as required by her religious beliefs, the health club violated the public accommodation provisions (Title II) of the 1964 Civil Rights Act. The court disagreed, saying in part:
Here, plaintiff fails to allege facts plausibly supporting a minimal inference of discriminatory motivation. Although plaintiff contends that she was treated differently than other Lucille Roberts members on the basis of her religion, the factual allegations only suggest that she was treated differently because she insisted on wearing an article of clothing that, according to defendant, was inappropriate gym attire.... Nowhere does the complaint allege that defendant selectively enforced its dress code against Jewish women.... There is no indication ... that claims grounded solely in disparate impact—and lacking any allegation of discriminatory intent—are cognizable under Title II.
Consumerist reports on the decision.

Meanwhile, JTA reported yesterday on a religious discrimination in employment lawsuit filed in New York state court.  Plaintiff Hadas Goldfarb, an Orthodox Jewish woman who was hired by New York Presbyterian Hospital as a paramedic, was dismissed when when she insisted on wearing a skirt instead of pants as required by the hospital's dress code.  Unlike the public accommodation section of the 1964 Civil Rights Act, the employment discrimination provisions (Title VII) require employers to reasonably accommodate an employee's religious exercise. [Thanks to Steven H. Sholk for the lead.]

Friday, February 24, 2017

No Religious Discrimination In Suspension of Minister's Gym Membership

In Armstrong v. James Madison University, 2017 U.S. Dist. LEXIS 25014 (WD VA, Feb. 23, 2017), a Virginia federal magistrate judge recommended dismissing claims of religious discrimination and infringement of free exercise rights brought by Matthew Armstrong, a 65-year old Christian minister, after his alumnus membership in James Madison University Recreation gym was suspended. The suspension followed a complaint filed by a female student employee of the gym who claimed that comments made to her by Armstrong amounted to sexual harassment. Armstrong had told the student about his religious beliefs that allowed him to have a young wife, and asked her if she would be interested in getting to know him better with the eventual possibility of marriage.