Two Recent Religious Discrimination Suits In New York

Two interesting religious discrimination suits filed in New York have been reported on in recent days by the media.  TMZ (May 21) reports that Nicole Johnson, a devout Muslim, is suing TV talk show host Bill Cunningham for mental anguish.  She claims that when she showed up in the audience for a taping of Cunningham's show wearing her hijab (head scarf), show employees forced her to leave her front row seat and sit in the back. She says she was also prohibited from asking a question during the show.

The New York Post (May 25) reports that Mollie Fermaglich, a New York University faculty member, has sued claiming that after 20 years at NYU and a successful television career, she has been repeatedly passed over for promotion in favor of younger, male, non-Jewish faculty.  She says that when she protested working on Passover, a colleague asked her: "Just how Jewish are you?" NYU says there is no basis for her claims.

Article Recounts Continued Lack of Religious Freedom In Egypt

Today's New York Times carried a front-page article titled Vow of Freedom of Religion Goes Unkept in Egypt. Here are some excerpts:

The architects of the military takeover in Egypt promised a new era of tolerance and pluralism when they deposed President Mohamed Morsi of the Muslim Brotherhood last summer.

Nine months later, though, Egypt’s freethinkers and religious minorities are still waiting for the new leadership to deliver on that promise. Having suppressed Mr. Morsi’s Islamist supporters, the new military-backed government has fallen back into patterns of sectarianism that have prevailed here for decades.

Prosecutors continue to jail Coptic Christians, Shiite Muslims and atheists on charges of contempt of religion..... The military leader behind the takeover, Abdul-Fattah el-Sisi, often appeals to the Muslim majority in a language of shared piety....

... But the complaints about continued sectarianism have not deterred church leaders from firmly supporting Mr. Sisi as their protector against worse treatment by the Muslim majority.

Suit Charges Student Not Admitted To Community College Program Because of His Expression of Religious Beliefs

ACLJ announced yesterday that it has filed a federal lawsuit on behalf of student Brandon Jenkins against The Community College of Baltimore County Maryland for denying Jenkins admission to the school's radiation therapy program in part because of Jenkins' expression of his religious beliefs. The complaint (full text) in Jenkins v. Kurtinitis, (D MD, filed 4/21/2014) alleges that the program director explained Jenkins' rejection in part as follows:

I understand that religion is a major part of your life and that was evident in your recommendation letters, however, this field is not the place for religion. We have many patients who come to us for treatment from many different religions and some who believe in nothing at all. If you interview in the future, you may want to leave your thoughts and beliefs out of the interview process.

University's Diversity Officer, Demoted For Anti-Gay Marriage Views, Loses Discrimination Lawsuit

In McCaskill v. Galludet University, (D DC, April 14, 2014), the District of Columbia federal district court dismissed a lawsuit brought by Angela McCaskill, Gallaudet University's former Chief Diversity Officer. The University placed McCaskill on administrative leave and eventually demoted her after it become known that at her church she had signed a petition to get a proposed state constitutional amendment to ban same-sex marriage on the Maryland ballot. The University justified its action on the ground that McCaskill's ability to advocate for her constituents, particularly the university's gay community, had been compromised.  McCaskill brought the suit alleging discrimination on the basis of race, religion, sexual orientation, marital status, and political affiliation in violation of D.C.'s Human Rights Act; infliction of emotional distress; and defamation. In rejecting McCaskill's religious discrimination  claim, the court said in part:

Even if Gallaudet knew of her religious convictions or was aware that those convictions motivated her to sign the petition – a fact that remains hazy on the face of the Complaint – there is no factual allegation that her religion somehow prompted her suspension or demotion. ... [A]lthough it may be true that McCaskill signed the petition because she is a Christian ... the university cannot be guilty of discrimination on that basis.

Washington Business Journal reports on the decision.

Discrimination Against Gay Employee By Religious Supervisor States Title VII Religious Discrimination Claim

In Terveer v. Billington, (D DC, March 31, 2014), Peter Terveer, a former management analyst with the Library of Congress alleged religious discrimination, sex discrimination and retaliation claims under Title VII of the 1964 Civil Rights Act. Terveer claimed, among other things, that he was denied a within-grade salary increase after his supervisor, a conservative Catholic, learned that Terveer was homosexual. The court said, in part, that Terveer claims:

he alleged facts showing that he was discriminated against because he failed to live up to his supervisor’s religious expectations. The Court agrees with Plaintiff. Title VII seeks to protect employees not only from discrimination on the basis of their religious beliefs, but also from forced religious conformity or adverse treatment because they do “not hold or follow [their] employer’s religious beliefs."

Advocate reports on the decision.

Muslim Couple Claims Discrimination When Forced Off Empire State Building Deck For Praying

Huffington Post and OnIslam report yesterday on a lawsuit filed in federal district court in New York by a Muslim couple who claim that they and their two children were forcibly escorted off the observation deck of the Empire State Building, down the elevator and out of the building, for engaging in Muslim prayer.  They say they chose an area on the observation deck where there was little foot traffic to observe their 11 p.m. prayers last July.  A guard poked the husband and told him that  he was not allowed to pray while at the Observatory. The suit alleges they were targeted because they were Muslim, wearing traditional Muslim attire and engaged in Muslim prayer. It goes on to allege that owners of the building and their security personnel "have an unlawful policy, custom, practice, procedure and/or rule, whether express or implied, of barring patrons from exercising their religious beliefs in the Empire State Building and/or the Observatory."

State Department's Human Rights Report Includes International Religious Discrimination Concerns

Last Thursday, Secretary of State John Kerry released the U.S. State Department's Country Reports on Human Rights Practices for 2013. While the report leaves the assessment of religious liberty around the world to the State Department's annual International Religious Freedom Report, Thursday's Human Rights report covers religious discrimination concerns for each country. The report's Introduction summarized these concerns:

Religious and ethnic minorities continued to face extreme restrictions and were targets of repression by governments and subject to societal discrimination across the globe.  In China, the government continued to implement repressive policies against ethnic Uighurs and Tibetans. 

In Pakistan, religious minorities faced a specter of growing violence during the year, including a deadly September church bombing in Peshawar that claimed more than 80 lives and three other incidents that killed at least 244 Shia Muslims. Religious minorities also faced discriminatory laws, societal intolerance, and a lack of accountability for crimes against them. 

In Iran, the government continued its egregious repression of Baha’i whose seven leaders remained in prison as did Christian pastor Saeed Abedini at year’s end. Attacks against Christians and Shia Muslims continued in Egypt as did attacks against Christians, Yezidis, Sabean Mandaeans, and other religious minorities in Iraq, often with a lack of accountability for the perpetrators. Ahmadi Muslims continued to face violence and repression in places such as Indonesia, as well as disenfranchisement in places such as Pakistan. 

Anti-Semitism also remained a significant problem in 2013. According to a survey of eight European member states by the European Union Agency for Fundamental Rights, harassment of Jews continued, with one-quarter of respondents stating they experienced some form of anti-Semitic harassment in the 12 months before the survey. In the Middle East, media occasionally contained anti-Semitic articles and cartoons, some of which glorified or denied the Holocaust and blamed all Jews for actions by the state of Israel. 

Threats to religious practice also emerged during the year. For example, the Parliamentary Assembly of the Council of Europe passed a non-binding resolution implying that religious male circumcision – as practiced by Jews and Muslims, and other religions – is a human rights violation.

Santeria Priest May Proceed With1st Amendment Claims Against Police Chief

In Badillo v. Amato,(D NJ, Jan. 28, 2014), a New Jersey federal district court held that a Santeria priest can proceed with his 1st Amendment religious expression claims against a police chief for prosecuting him for animal abuse and neglect. Plaintiff was also allowed to proceed with a 4th Amendment claim.  The court rejected the contention that the police chief had qualified immunity, finding that:

Plaintiff’s right to practice the Santerian ritual of sacrificing certain types of animals, within the strictures and constraints of the religion, is a clearly established right....

The court dismissed claims against various other defendants.

Jehovah's Witness Sues Former Employer Saying Requirements Violated Her Belief In Predetermination

Nexstar Broadcasting reports on a lawsuit filed in federal district court in Pennsylvania by Sharon Shepard, a Jehovah's Witness, who claims that the was fired on religious grounds by Gannondale, a residential care facility for young women in Erie (PA). Shepard, who was employed as a bookkeeper, claims she was required to attend meetings where she was supposed to work on growth and change. She says, however, that her religion believes in predetermination.

Fired Police Officer Sues Claiming Anti-Semitic Harassment

Courthouse News Service reported yesterday on a lawsuit filed in a Michigan state trial court (Oakland County) by Lowell Phillips, a former officer in the Ferndale, Michigan police department. Phillips was the only Jewish officer on the force, and he contends that he was subjected to a barrage of anti-Semitic harassment and discriminatory treatment.  After he was involved in a high-speed chase in which he ultimately killed a suspect in self-defense, the police department fired him. Phillips claims the police department used the shooting as a pretext, and that he was actually fired because he is Jewish and in retaliation for his complaining about harassment and discrimination.

EEOC Wins Settlements In 3 Religious Discrimination Cases

During the past two weeks, the EEOC announced the settlement of three religious discrimination lawsuits. Each involves damages for the individual victim(s) as well as changes in the company's anti-discrimination policies and/or its training for managers and employees:

• McDonald's Restaurants of California agreed to pay $50,000 and reinforce training in order to settle charges that it refused to permit a Muslim employee, a crew trainer, to grow a beard for religious reasons. The refusal led to his constructive discharge. (Dec. 20 EEOC press release.) 
• Two companies which operate a chain of Kentucky Fried Chicken restaurants in North Carolina agreed to pay $40,000, adopt a formal religious accommodation policy and conduct annual training to settle charges that it fired a female Pentecostal employee after she refused for religious reasons to comply with dress code requirements that she wear pants. (Dec. 23 EEOC press release.)
• A federal district court entered a consent decree settling charges that Dynamic Medical Services, a Florida medical and chiropractic services provider, required a number of its employees to spend at least half their work days in courses that involved  Scientology religious practices, instructed employees to attend courses at the Church of  Scientology, and told one employee to undergo a Scientology "audit." Two employees were terminated when they refused to participate.  The company agreed to pay $170,000 in damages to 8 employees or former employees, and in the future to accommodate employees who object on religious grounds to participating in religious courses or other religious work-related activities. (Dec. 23 EEOC press release.)

Court Rejects Challenge To University's Severing of Ties With Chabad House For Alcohol Violations

In Lubavitch-Chabad of Illinois, Inc. v. Northwestern University, (ND IL, Dec. 19, 2013), an Illinois federal district court upheld Northwestern University's decision to end its official recognition of a Jewish student religious center operated by Chabad so long as Rabbi Dov Klein was Chabad's representative on campus.  The University ended its affiliation with the Chabad House because Rabbi Klein had repeatedly served alcoholic beverages there to underage students in connection with religious meals and celebrations.  The court rejected claims that the University's actions violated 42 USC Sec. 1981 (racial discrimination in the making of contracts) and Title VI of the 1964 Civil Rights Act because the complaint alleged religious, not racial or ethnic, discrimination.  The court also concluded that plaintiffs had not demonstrated that any religious or ethnic discrimination was involved in the disaffiliation. The Daily Northwestern, reporting on the decision, says that plaintiffs plan to appeal. Failed Messiah blog also reports on the decision.

DC Circuit Denies Preliminary Injunction To Non-Liturgical Navy Chaplains Challenging Promotion Procedures

In the long-running challenge to Navy procedures for promoting members of the Chaplain Corps, the D.C. Circuit Court of Appeals yesterday affirmed the district court's denial of a preliminary injunction.  In In re: Navy Chaplaincy, (DC Cir., Dec. 27, 2013), the court ruled against  a group of current and former Navy chaplains and two chaplain-endorsing agencies who claim that the makeup and voting procedures of the Navy's selection boards create a preference for Catholics and liturgical Protestants over various non-liturgical denominations. The court rejected plaintiffs' equal protection claims, agreeing with the district court that plaintiffs' had not shown direct evidence of discriminatory intent in the adoption of the challenged policies that are neutral on their face, nor had they shown sufficiently disparate impact to infer unconstitutional discriminatory intent. The court also rejected plaintiffs' Establishment Clause challenge, finding that a reasonable observer reviewing the data on promotions would not perceive a message of governmental endorsement of liturgical denominations.

British Tribunal Awards Wiccan Witch Damages For Unfair Dismissal and Religious Discrimination In Employment

In Britain, in the first case of its kind, an Employment Tribunal at Watford (near London) has awarded a total of over £15,000 ($24,500 US) for unfair dismissal, sex discrimination and religious discrimination in a suit brought by a Wiccan witch who claims she was fired by her employers who were horrified when they learned of her beliefs.  According to last week's Daily Mail, Karen Holland had worked for two years at the newspaper and magazine concession at the Londis store in West Hemple when in October the news agency was taken over by two brothers, Tarloch and Gurnam Singh (who are Sikhs). They discovered Holland's beliefs later that month when she returned from celebrating All Hallows' Eve (also known as the Pagan Festival of the Dead).  They began to ridicule her and fired her the next month after accusing her of stealing a magazine and a lottery ticket. In finding for Holland, the Tribunal judge said that the manner in which she was fired was "indefensible" and breached "the basics of natural justice." The owners are appealing the decision, saying the damage award will destroy their business.

Final Version of Defense Authorization Bill Contains Military Religious Freedom Provisions

The House of Representatives yesterday passed H Res. 441 concurring in the Senate Amendments to the 2014 Defense Authorization Bill, H.R. 3304, (with one minor amendment so that it must still go back to the Senate for final approval). (Full text of resolution and bill.) As is typical with military authorization and spending bills, this one contains several provisions on religious freedom in the military.

Section 532 tweaks the language in current law on conscience rights of those in the military, so that the new provision (new language in italics) reads:

Unless it could have an adverse impact on military readiness, unit cohesion, and good order and discipline, the Armed Forces shall accommodate individual expressions of belief of a member of the armed forces reflecting the sincerely held conscience, moral principles, or religious beliefs of the member and, in so far as practicable, may not use such expressions of belief as the basis of any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment.

The section also sets a 90-day deadline for issuance of regulations implementing this section, and requires the Pentagon to consult with faith-group representatives who endorse military chaplains in drafting the regulations.

Section 533 then requires a DOD Inspector General's report 18 months later on Armed Forces compliance with the ban on adverse personnel action based on conscience, moral principles or religious beliefs. The IG is to consult with the Armed Forces Chaplain Board as appropriate in preparing the report.

Section 534 requires that within one year:

The Secretary of Defense shall conduct a survey among a statistically valid sample of military chaplains of the regular and reserve components of the Armed Forces, to be selected at random, to assess whether—

(1) restrictions placed on prayers offered in a public or non-religious setting have prevented military chaplains from exercising the tenets of their faith as prescribed by their endorsing faith group; and 

(2) those restrictions have had an adverse impact on the ability of military chaplains to fulfill their duties to minister to members of the Armed Forces and their dependents.

The Joint Explanatory Statement (at pp. 63-65) explains the House-Senate compromises that led to these provisions. The Statement also contains the following language (pg. 82) that appears to be a response to criticism by some conservative Christian groups (background) that the military has given preferential access in policy making to the Military Religious Freedom Foundation:

The House bill contained a provision (sec. 530E) that would require the Department of Defense to provide to the Committees on Armed Services of the Senate and the House of Representatives advance written notice of any meeting held between Department employees and civilians for the purpose of writing, revising, implementing, enforcing, or seeking advice, input, or counsel regarding military policy related to religious liberty.

The Senate committee-reported bill contained no similar provision.

 The agreement does not include this provision.

We believe the Department and the military services should proactively reach out to and meet with religious groups of all faiths when formulating and revising policies that impact religious freedom and tolerance within the military. We are becoming increasingly concerned over reports that the Department and the services appear more responsive to some religious groups and interests than others. The Department and the services must be proactive in their efforts to overcome this perception and to ensure the fairness and equity of policies and regulations that address the religious liberty of service members and their families.

House Hearing Focuses On Human Rights Concerns of Copts In Egypt.

Yesterday two subcommittees of the U.S. House Foreign Affairs Committee held a joint hearing on Human Rights Abuses in Egypt. Taking place on Human Rights Day, the hearing focused particularly on the plight of the Coptic Christian minority in Egypt.  Video of the hearings and the full text of prepared statements by the five witnesses who testified are available on the Committee's website.

Report On Treatment Of Non-Believers Released For Human Rights Day

Today is United Nations Human Rights Day. To mark the day, the International Humanist and Ethical Union issued a report Freedom of Thought 2013: A Global Report on the Rights, Legal Status, and Discrimination Against Humanists, Atheists, and the Non-Religious. (Full text.) Here is an excerpt from the Introduction to the 244-page report:

Freedom of Thought 2013 is the first report to look at the rights and treatment of the non-religious in every country in the world. Specifically, it looks at how non-religious individuals—whether they call themselves atheists, or agnostics, or humanists, or freethinkers or are otherwise just simply not religious—are treated because of their lack of religion or absence of belief in a god. We focus on discrimination by state authorities; that is systemic, legal or official forms of discrimination and restrictions on freedom of thought, belief and expression.....

Our results show that the overwhelming majority of countries fail to respect the rights of atheists and freethinkers. There are laws that deny atheists’ right to exist, revoke their right to citizenship, restrict their right to marry, obstruct their access to public education, prohibit them from holding public office, prevent them from working for the state, criminalize their criticism of religion, and execute them for leaving the religion of their parents. In the worst cases, the state denies the rights of atheists to exist, or seeks total control over their beliefs and actions.

Reuters reports on the study.

Britain's Court of Appeal Says Religious Discrimination Can Involve Failure To Accommodate Belief Held By Only Some Christians

In Mba v. Mayor and Burgesses of the London Borough of Merton, (EWCA, Dec. 5, 2013), Britain's Court of Appeal held that under the Employment Equality (Religion or Belief) Regulations 2003, indirect religious discrimination (i.e. discrimination based on disparate impact of a work rule) can be shown even when the religious belief impacted is held only by some of the members of a religious group.  However it concluded that the Employment Tribunal below, while proceeding in part on an erroneous view of the law, still reached the correct result in rejecting the employee's discrimination claim.

At issue was a claim by a Christian care assistant at a municipally operated children's home that the Borough had failed to adequately accommodate her religious belief that she should not work on Sundays. Under the Equality Regulations, a defense to the indirect discrimination claim is a showing that the work rule was "a proportionate means of achieving a legitimate aim." The Court held that the Employment Tribunal below, in assessing proportionality, had incorrectly considered it relevant that abstaining from work on Sunday is not a core component of the more general Christian faith.  The 3 judges disagreed on the extent to which provisions of the European Convention on Human Rights should impact their interpretation of British regulation at issue. They all agreed that other factors made the refusal to accommodate a proportionate response. UK Human Rights Blog and Christian Concern both report on the case. [Thanks to Alliance Alert for the lead.]

European Court Hears Arguments In French Burqa Ban Challenge

Yesterday, the Grand Chamber of the European Court of Human Rights heard oral arguments (video of full arguments) in S.A.S. v. France, (Application no. 43835/11).  As described in a press release from the Court:

The case concerns the complaint of a French national, who is a practising Muslim, that she is no longer allowed to wear the full-face veil in public following the entry into force, in April 2011, of a law prohibiting concealment of one’s face in public places.

(See prior related posting.)

Advocacy Groups Charge Michigan Banks Are Closing Muslim Customers' Bank Accounts

The Detroit News reported yesterday that CAIR-Michigan has asked the Office of the Comptroller of the Currency and the Consumer Financial Protection Bureau to look into charges that JPMorgan Chase is closing bank accounts of Muslim customers in the metropolitan Detroit area. In July, the Arab-American Civil Rights League complained to the Justice Department and filed a class-action lawsuit making similar charges against Huntington National Bank.