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Extending Or Extinguishing Policy Deadlines: An EPL Best Practice

Center One, LLC and Capital Management Services, LP have agreed to pay $60,000 to settle a religious accommodation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

The lawsuit alleged that a Center One employee, who practiced Messianic Judaism, requested time off for a religious observance, but was denied because he couldn't provide certification from a religious leader.

The company imposed disciplinary points for his absences, forcing him to resign. This conduct violated Title VII of the Civil Rights Act of 1964.

The case was initially dismissed by the district court, but the U.S. Court of Appeals for the Third Circuit vacated the ruling and remanded it for trial.

The parties settled before trial, and the court approved an 18-month consent decree. The decree prohibits the companies from denying reasonable religious accommodations and from requiring certification from a religious leader as a precondition. https://www.eeoc.gov/newsroom/center-one-and-capital-management-services-pay-60000-eeoc-religious-accommodation-suit-0 (Oct. 25, 2024).

Commentary

According to the source:

… Center One refused to grant the employee a schedule modification to observe religious holidays because he was unable to provide a certification from a religious leader or religious organization supporting his request. Instead, the company imposed disciplinary points against the employee for his religious-based absences, even after being informed he was unable to obtain the requested certification because he was not a member of a congregation, thereby forcing the employee to resign, the EEOC charged.

The denial of the request centered on the employee's failure to provide the certification in time and subsequent discipline by the employer.

The EEOC argued the disciplining of the employee was retaliatory because the employee had an established belief in Messianic Judaism, even though he did not provide a certificate. 

The EEOC views requests for extensions of time as "per se" reasonable.

The final takeaway is that organizational policies need to avoid cut-offs and deadlines for accommodation requests. To avoid litigation, making extensions is a best practice, and avoid asking for certification or proof of a sincerely-held religious belief.  

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