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LABOR & EMPLOYMENT LAW — 5/08/08

Evidence of anti-Muslim conduct should have precluded summary judgment

An employer should not have been granted summary judgment in a religious bias case because the EEOC established a genuine dispute of fact for each element of a hostile work environment claim, ruled the Fourth Circuit Court of Appeals in an opinion which reversed and remanded the grant of summary judgment with directions that the case proceed to trial. (EEOC v Sunbelt Rentals, Inc, 4thCir, 91 EPD ¶43,155)

The EEOC filed the lawsuit on behalf of a Muslim employee who claimed he was subjected to an abusive environment including a steady stream of demeaning comments and degrading actions directed at him by his coworkers and that the conduct "went unaddressed and unpunished by" his supervisors. A district court granted the employer's motion for summary judgment, finding that the harassment was not severe or pervasive enough to establish a prima facie case of a hostile work environment.

In reversing the grant of summary judgment, the circuit court analyzed each element of a hostile environment claim and found that the EEOC: (1) showed the harassment was unwelcome with evidence that the employee indicated to both management and his coworkers that he found the religiously demeaning conduct and comments to be offensive; (2) provided several examples showing that the employee was subjected to harassment based on his religion including being called "Taliban" or "towel head," consistent teasing about his appearance, comments about his prayer sessions during work hours; (3) presented evidence of constant and repetitive use of epithets directed toward the employee that disparaged him and his faith; and (4) showed that the employee notified supervisors both verbally and in writing about the alleged harassment on numerous occasions and the employer failed to take prompt corrective action. The evidence was such that a jury could see the matter the employee's way "and it shall have the chance to do so," concluded the court.

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

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