Communications Giant Pays $1.3 Million to Satisfy Judgment in Religious Discrimination Lawsuit

Source: U.S. Equal Employment Opportunity Commission (EEOC)

JONESBORO, Ark. – The U.S. Equal Employment Opportunity Commission (EEOC) announced a Satisfaction of Judgment was entered in U.S. District Court for the Eastern District of Arkansas, Jonesboro Division, in a religious discrimination lawsuit brought by the federal agency against a leading communications giant on behalf of two male customer service technicians who were suspended and fired for attending a Jehovah’s Witnesses Convention. The company paid a total of $1,307,597 pursuant to the judgments entered in the case.

In October 2007, a jury of nine women and three men awarded the two former employees, Jose Gonzalez and Glenn Owen (brothers-in-law), $296,000 in back pay and $460,000 in compensatory damages under Title VII of the Civil Rights Act. During the four-day trial, the jury heard evidence that both men had submitted written requests to their manager in January 2005 for one day of leave to attend a religious observance that was scheduled for Friday July 15 to Sunday July 17, 2005. Both men testified they had sincerely held religious beliefs that required them to attend the Jehovah’s Witness convention each year. Both men had attended the convention every year throughout their employment with AT&T. Gonzalez worked at the company for more than eight years and Owen was employed there for nearly six years.

The case was tried in U.S. District Court for the Eastern District of Arkansas, Jonesboro Division, before Judge Leon Holmes. The company appealed the jury verdict to the Eighth Circuit Court of Appeals. The Eighth Circuit sided with the EEOC and upheld the jury verdict. The amount awarded by the jury at trial grew to $1,307,597 with the inclusion of interest and front pay. Judge Holmes granted the EEOC’s request for an injunction prohibiting the company from engaging in any employment practice which discriminates on the basis of religion.

“These two employees never should have had to choose between their jobs and their sincerely held religious beliefs,” said EEOC Acting Chairman Stuart J. Ishimaru. “With increased religious diversity in the workplace, employers need to be extra vigilant in guarding against discrimination based on religion.”

Title VII prohibits religious discrimination and requires employers to make reasonable accommodations to employees’ and applicants’ sincerely held religious beliefs, as long as this does not pose an undue hardship.

EEOC Supervisory Trial Attorney William A. Cash, Jr., who tried the case with agency attorney Darin Tuggle, said, “These were two outstanding employees who simply should have been allowed to attend the Jehovah’s Witnesses Convention as they had done during their employment with the company. When employers or management officials attempt to make an example out of employees by discriminating against them, as was done in this case, there is a high price to pay.”

EEOC Regional Attorney Faye A. Williams of the agency’s Memphis District Office, which has jurisdiction for Arkansas, remarked, “We are pleased that this matter is now over and these gentlemen may now move forward with their lives. These men took a stand against a large employer for their sincerely held religious beliefs, and justice has prevailed.”

The communications giant is one of the largest providers of both local and long distance telephone services, DSL Internet access and wireless service in the United States, with 74.9 million wireless customers and more than 150 million total customers.

Religious discrimination charge filings (allegations) reported to EEOC offices nationwide have substantially increased from 1,388 in Fiscal Year 1992 to 3,283 in FY 2008.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

For information about employment discrimination laws and training, or to protect your company from potential liability, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.