Energy Company Orders Employee To Violate His Faith or Be Punished, Blatantly Ignoring EEOC Procedure
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We at the ACLJ are committed to defending the fundamental rights and freedoms guaranteed by the Constitution. One such right is the freedom to practice one’s religion at the workplace without fear of discrimination or retaliation. Today, we are fighting for a dedicated employee in Michigan, who is being forced to choose between his job and his religious beliefs.
Our client, who has scripturally informed religious convictions against shaving his beard, requested a religious accommodation from his employer, DTE Energy, for this religious observance. DTE Energy has a stated policy providing for such accommodation for “religious beliefs” and even states in training materials that a demand by a department manager that “all male employees to come to work clean shaven” “could discriminate against employees based on their religion, as some religions forbid the cutting of hair, including facial hair.” Yet the company still refuses to grant that exact religious accommodation to our client.
Furthermore, even though he works in an office and doesn’t work in the field, our client’s employer has been enforcing a policy against him and requiring him to be clean shaven. Notably, the policy itself is vague in its requirements, only requiring employees to shave if they need to respond to an emergency leak in the field that would require them to wear a respirator. Further, the policy states that disciplinary action will only be taken against an “employee who fails to remove the facial hair immediately prior to wearing the respirator” – something that has not happened to our client. Many other employees wear goatees or light beards and have not been ordered to shave.
In fact, the policy isn’t related to the performance of his job and directly conflicts with our client’s religious beliefs. The company clearly states in its policies and training materials that refusing to grant such an accommodation would be religious discrimination. So we filed a religious discrimination complaint with the Equal Employment Opportunity Commission (EEOC) on his behalf.
For months, we’ve been working through the EEOC’s complaint process to protect our client’s rights within the EEOC, and we are awaiting a decision that would protect him from further religious discrimination.
Despite the ongoing EEOC case, our client was called into a meeting yesterday and told that he must be clean shaven by today (his next scheduled shift) or face disciplinary action. This isn’t just a threat to his job; it’s intimidation, blatant retaliation, and a clear violation of federal law, which prohibits discrimination and retaliation while a case is pending with the EEOC.
This ultimatum goes against the principles of religious freedom and workplace equality, which we have written about extensively at the ACLJ. Under Title VII of the Civil Rights Act of 1964, employers must accommodate employees’ religious practices unless it causes undue hardship for the business. Since our client works in an office setting, maintaining a beard does not cause any undue hardship for his employer.
Furthermore, it is illegal to retaliate against someone who has filed a complaint with the EEOC. This ultimatum not only violates the law but also sends a negative message to other employees who might want to stand up for their rights.
The ACLJ is committed to fighting for justice for our client. We believe no one should have to choose between their faith and their job. We’re looking at all legal options to protect our client and hold the employer accountable for its discriminatory practices.
We just sent an urgent demand letter to DTE Energy, demanding the company withdraw this discriminatory ultimatum and respect the religious rights of its employees. We are also urging the EEOC to expedite its decision and confirm the protections guaranteed under federal law. In the meantime, we are exploring other legal remedies, including seeking a court order to protect our client.
This case isn’t just about one man’s beard; it’s about the bigger principle of religious liberty that’s enshrined in our Constitution and laws. We also ask you, the public, to support us in defending the fundamental right to religious freedom. The ACLJ will keep fighting to ensure these rights are upheld and that our client gets the justice he deserves.
Stay tuned for updates as we continue to advocate for our client’s rights and religious freedom. Together, we can make a difference and protect the liberties that are the cornerstone of our society.