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LABOR & EMPLOYMENT LAW — 10/18/07

Medical center sued for denying Muslim worker time off for religious pilgrimage

Southern Hills Medical Center located at 391 Wallace Road in Nashville violated Title VII of the Civil Rights Act of 1964 by failing to reasonably accommodate the religious beliefs of one of its employee, the US Equal Employment Opportunity Commission (EEOC) claims in a lawsuit filed September 28, 2007.

Southern Hills Medical Center refused to allow Wali Telwar, a practicing Muslim, to use his earned vacation time to make his Pilgrimage to Mecca, one of the Five Pillars of Islam which must be completed by every follower of Islam, according to the EEOC's lawsuit (MDTenn, No 3:07-cv-00976). Instead of accommodating his request for extended leave, the hospital insisted that Telwar either work as scheduled or resign his position and reapply, the federal agency alleges. Telwar resigned. When Telwar returned from his Pilgrimage and reapplied to work at Southern Hills Medical Center, he was not hired back, the EEOC claims.

The EEOC's lawsuit asks the court to, among other things, grant a permanent injunction prohibiting Southern Hills Medical Center from engaging in any discriminatory practices on the basis of religion and to grant appropriate back wages, compensatory and punitive damages." Refusing to work with an employee to find a reasonable accommodation is tantamount to making him choose between his job and his religion," said Katharine W. Kores, director of the EEOC's Memphis district Office which has jurisdiction over Arkansas, Tennessee and 17 counties in Mississippi.

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

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