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The EEOC settled a religious discrimination lawsuit with Blackwell Security Services. Blackwell will pay $70,000 to the former employee and is required to provide training to management and HR about religious discrimination. The Chicago-based security company will also be required to report to the EEOC for a period of time concerning any further complaints of religious discrimination. What was the alleged conduct that gave rise to a hefty fine and other penalties? An employee requested an exemption to keep his facial hair for religious practice.
Keep facial hair or be terminated?
According to the lawsuit, the employee, who worked as a concierge, requested an accommodation in observance of his religious beliefs to keep his facial hair. Company policy dictated that employees remain clean-shaven. Blackwell told the employee that he needed to shave his beard, or he would be terminated.
The employee did shave his beard to avoid losing his job, which caused significant distress. The EEOC alleges that Blackwell’s conduct violated federal religious discrimination laws, especially considering that the accommodations requested would not impose any operational costs or burdens on the company. Under Title VII, employers are not allowed to discriminate based on religion. In addition, employers are required to reasonably accommodate an employee’s religious practice unless the accommodation would pose an undue hardship.
Facial hair and discrimination
This settlement is a good reminder to employers to evaluate religious accommodations in accordance with federal law, not company policy. Employees should not be forced to choose between religion and a job. Facial hair accommodations can also fall under the Americans with Disabilities Act (ADA). Some men have been advised not to shave for medical reasons.
You may run into problems by asking employees to be clean-shaven, even though it’s company policy. OSHA may also weigh in on facial hair, for safety reasons. For example, firemen often have to wear masks that must make a seal with the face. Facial hair may be ill-advised to use with that type of mask.
If an employee requests accommodations for facial hair, it’s important to look for reasonable solutions instead of simply terminating their employment. Be aware of federal regulations when handling facial hair accommodations.
