Religious Discrimination

Although the statute of limitations for filing a claim under New Jersey’s Law Against Discrimination (LAD) lapses after two years from the last act of discrimination, a plaintiff may still have a viable LAD claim under the continuing violation doctrine according to a recent Appellate Division decision in Mansour v. Brooklake Club Corp., 2019 N.J. Super. Unpub. LEXIS 1579 (N.J. App. Div. decided July 10, 2019).

Plaintiff Adel Mansour was employed as a cook for Defendant Brooklake Club (Brooklake) between 2003 and 2016. Id. at *2. He alleged that during the time he worked for Brooklake his supervisor harassed him because Mansour was Egyptian and Muslim. Mansour’s supervisor frequently made unwelcome comments to or around Mansour about former Egyptian President Hosni Mubarak and the Muslim Brotherhood and implied Mansour had ties to terrorist organizations and activities. Id. at *2-3. In March 2014, when Malaysia Airlines flight 370 disappeared, Mansour’s supervisor “joked” about the pilot being Egyptian and then hung a large world map in the kitchen on which he wrote “Adel, where is it?” in reference to the lost plane. Id. at *4. Mansour’s supervisor also continuously criticized Mansour for not eating pork and frequently referenced that Muslims do not eat pork for religious reasons, telling Mansour, “…you Muslims don’t know what you’re missing.” Id. at *5-6. Mansour felt singled out by this conduct and told his supervisor to stop on numerous occasions, but the comments continued. Id. at *4-5.

The trial court found Mansour’s hostile work environment claim untimely because most of the alleged discriminatory acts took place outside of the LAD’s two-year statute of limitations. Id. at *5. However, the Appellate Division agreed with Mansour that the trial court “misapplied the continuing violation doctrine and failed to recognize the cumulative pattern of ongoing harassment he suffered directly related to his religion and nationality.” Id. at *7.

There are many religions and religious beliefs. There’s Judaism, Christianity, Islam, Bahá’í Faith, Hinduism, Taoism, Buddhism, Sikhism, Slavic neopaganism, Celtic polytheism, Heathenism (German paganism), Semitic neopaganism, Wicca, Kemetism (Egyptian paganism), Hellenism, Italo-Roman neopaganism to name a few. Whatever your sincerely held religious belief is, if any, federal and state law protects your right to observe those beliefs. 42 U.S.C. §§ 2000e et al 2012 (“Title VII”); N.J.S.A. 10:5-1, et. seq., the New Jersey Law Against Discrimination (“NJLAD”). In fact, an employer may be required to reasonably accommodate your religious belief so long as to do so does not cause the employer or co-workers an undue hardship.

Protected religious beliefs are based on an employee’s sincerely held belief. It does not matter whether the employee has a relatable or probable belief. Rather, if the employee indisputably has a sincere religious belief, the employee is entitled to receive a reasonable accommodation from their employer regardless of whether the employer likes or agrees with that belief. The case of United States EEOC v. Consol Energy Inc., Nos. 16-1230, 16-1406, 2017 U.S. App. LEXIS 10385, at*1 (4^th Cir. June 12, 2017), while somewhat factually unusual, underscores how important it is for an employer to focus on whether a requested accommodation is reasonable, and not whether the employee’s religious belief is reasonable. There, the Fourth Circuit held that so long as the employee has a legitimate religious belief, regardless how farfetched, they are entitled to be reasonably accommodated.

In United States EEOC v. Consol Energy Inc., the Fourth Circuit affirmed a $586,000 award to Beverly R. Butcher (“Butcher”) because his employer violated his religious rights under Title VII. Id. Butcher, a lifelong Evangelical Christian, worked for Robinson Rue Mines (owned by Consol Energy Inc. “Consol”) for 37 years without incident. Id. When Consol decided to use biometric scanners as a method of tracking timesheets Butcher protested. Butcher explained that as a devout Christian he believed using a biometric scanner to clock in and out of his job would mark him as a follower of the Antichrist, subjecting him to an eternity of fire and brimstone. Id. at *6. Consol chose to debate the legitimacy of these beliefs with Butcher and even presented him a letter explaining how the scanner leaves no physical marks and that Butcher’s understanding of the scriptures was incorrect. Butcher persisted and a lawsuit was filed.

Articles Posted in Religious Discrimination

THE CONTINUING VIOLATIONS DOCTRINE MAY SAVE HOSTILE WORK ENVIRONMENT CLAIMS OTHERWISE BARRED UNDER NEW JERSEY LAD’S TWO-YEAR STATUTE OF LIMITATION

Religious Accommodations: The Accommodation Needs To Be Reasonable, Not The Belief