Fast Food Chain Accused of Failure to Accommodate Religious Beliefs

By Peter Levine posted in Discrimination, Employment Law on October 1st, 2013

The EEOC has accused two corporations that operate a chain of Kentucky Fried Chicken restaurants: Scottish Food Systems, Inc. and Laurinburg KFC Take Home, Inc., of violating federal law by failing to accommodate an employee’s religious beliefs and firing her because of her religion.

According to the EEOC’s employment discrimination lawsuit, the employee, Sheila Silver converted to Pentecostalism in 2010. A belief of the Pentecostal church is women should wear skirts rather than pants. In accordance with this religious belief Silver has not worn pants since the fall of 2010.

Silver has worked at various Kentucky Fried Chicken restaurant locations since 1992. Scottish Food Systems and Laurinburg KFC Take Home purchased the KFC restaurant where Silver worked in April 2013. At that time, they informed Silver, citing their dress code policy that she must wear pants to work.

Silver told Scottish Food Systems and Laurinburg KFC Take Home she could not wear pants because of her religious beliefs and the companies fired her for refusing to wear pants to work.

Civil Rights Act violations

This alleged conduct violates Title VII of the Civil Rights Act of 1964. This act requires employers to reasonably accommodate an employee’s religious beliefs as long as doing so does not pose an undue hardship. The EEOC filed suit in U.S. District Court after first attempting to reach a voluntary settlement through its conciliation process. The EEOC seeks back pay, compensatory damages and punitive damages, as well as injunctive relief.

“Employers must respect employees’ sincerely held religious beliefs and carefully consider requests made by employees based on those beliefs,” said Lynette A. Barnes, regional attorney for the EEOC. “This case demonstrates the EEOC’s continued commitment to fighting religious discrimination in the workplace.”

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