DOJ accuses TDCJ of religious discrimination over head coverings

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The U.S. Department of Justice filed a lawsuit Friday, accusing the Texas Department of Criminal Justice of discriminating against one of its former employees based on her religious beliefs.

The federal lawsuit, filed in the Southern District of Texas, alleges the state agency denied Franches Spears’ religious accommodation by refusing to allow the non-uniformed employee to wear a head covering, court documents show.

“Employers cannot require employees to forfeit their religious beliefs or improperly question the sincerity of those beliefs,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a statement. lawsuit was announced. “This lawsuit reminds all employers of their clear legal obligation to provide reasonable religious accommodations. In our country, employers cannot force an employee to choose between his religion and his job.”

The lawsuit alleges that the Texas prison agency’s refusal to accommodate Spears’ religious practice violated the Civil Rights Act of 1964.

“TDCJ does not comment on pending litigation, but the agency respects the religious rights of all employees and inmates,” Hannah Haney, the agency’s deputy director of communications, told The Texas Tribune in a statement.

In July 2019, Spears was hired to work as a court clerk at the Pam Lychner State Jail, a TDCJ facility in Humble, northeast of Houston.

In keeping with her Ifa beliefs, Spears began wearing a headscarf to work in September 2019. Ifa, a West African religion, dictates that some of its practitioners “cover their heads with a headscarf during periods of religious ceremonies, mourning or to protect their heads.” her mental strength,” the complaint said.

Shortly after Spears began wearing the covering, she met with human resources specialist Elizabeth Fisk to explain the religious meaning behind the head covering. According to the complaint, Fisk responded to Spears’ by saying, “Basically you’re just praying to a rock.”

Fisk told Spears she could either remove her headscarf and continue working or go home until the agency made a decision on her request for religious accommodation. According to court records, TDCJ has placed Spears on unpaid leave.

“TDCJ further questioned the sincerity of Spears’ faith when Bailey sent a letter requesting documentation or a statement from a religious institution referencing the specific Ifa belief or doctrine supporting the need for Spears’ head covering supported,” the complaint said, citing testimony from TDCJ’s Religious Accommodations Coordinator Terry Bailey.

While TDCJ was considering Spears’ request for religious accommodation, she received a “salary recommendation letter” from the agency in November 2019. She interpreted the letter as a termination notice demanding the return of TDCJ property, such as ID cards and keys, in order to receive her final paycheck.

In February 2020, Spears filed a complaint against TDCJ with the U.S. Equal Employment Opportunity Commission. The federal agency found reasonable cause that TDCJ discriminated against Spears and attempted to resolve the matter through mediation. When that failed, the EEOC referred the case to the DOJ.

The complaint asks TDCJ to compensate Spears for lost wages and other damages related to the incident. In addition, the Justice Department wants the Texas agency to implement a religious accommodation policy.

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