Muslim Worker Targeted for Religious Discrimination Before and After 9/11, EEOC Lawsuit Says
4/7/2003
–
CHICAGO - The U.S. Equal Employment Opportunity Commission
(EEOC) today filed its fourth post-9/11 backlash discrimination
lawsuit against Norwegian American Hospital (Norwegian) for
subjecting Charging Party Rashidah Abdullah to harassment,
discriminatory discipline, retaliation, and termination because of
her religion, Islam. According to the suit, filed under Title VII
of the Civil Rights Act of 1964 in Federal District Court in
Chicago, the religious discrimination and harassment began prior to
September 11, 2001, but continued and intensified thereafter.
Norwegian American Hospital is located on North Francisco Avenue in
Chicago's Humboldt Park neighborhood and has more than 500
employees.
"Our nation's tradition of religious tolerance and our laws
prohibiting discrimination and ensuring equal employment
opportunity must be honored," said EEOC Chair Cari M. Dominguez.
"Employers must remain vigilant in guarding against backlash
discrimination directed at innocent individuals due to their
religion, ethnicity, or country of origin - especially after the
tragic events of September 11 and during this time of war."
EEOC's court-filed Complaint alleges that one of the hospital's
managers created a religiously hostile work environment by treating
Abdullah worse than other workers because of her religion and
finally fired her, and that Norwegian endorsed the mistreatment.
The EEOC said that its administrative investigation, which it
conducted prior to filing suit, indicated that Abdullah's manager
made offensive comments about her religion and religious beliefs,
including referring to the Muslim holy observance of Ramadan as
"Taliban." The EEOC also contends that Norwegian retaliated against
Abdullah for complaining about the religious harassment and
discriminatory treatment by intensifying the derogatory comments
and unjustified disciplinary measures after the events of September
11, 2001.
John Hendrickson, EEOC's Regional Attorney in Chicago, said: "An
employer that engages in unlawful discrimination suffers a
self-inflicted wound. When that discrimination is followed by
retaliation, as it was in this case, the employer compounds the
injury. EEOC's vigilance in preventing and remedying religious
discrimination in the workplace - whether the religion involved is
Christianity, Judaism, Islam or any other- has not and will not
falter."
John Rowe, Director of the EEOC's Chicago District Office, add:
"As the President and the federal government have repeatedly made
clear since 9/11, any on-the-job backlash against our Muslim
neighbors is unacceptable and will not be tolerated."
The lawsuit, which was filed after the EEOC's efforts to
voluntarily conciliate the matter with the hospital proved
unavailing, seeks monetary relief in the form of back pay and
compensatory and punitive damages, an order requiring the company
to implement measures to prevent a recurrence, and a permanent
injunction against future discrimination and retaliation. The suit,
which was filed in the Eastern Division of the U.S. District Court
for the Northern District of Illinois and captioned Equal
Employment Opportunity Commission v. Norwegian American
Hospital, has been assigned to District Judge Zagel and
designated case number 03 C 2360. The case is the EEOC's fourth
lawsuit alleging backlash discrimination against employees related
to the events of September 11, 2001.
Lauren Dreilinger, Chicago Trial Attorney who will lead the EEOC
litigation, said: "Ms. Abdullah's supervisor made disparaging
comments about her religion, including linking her faith to the
Taliban, the former regime in Afghanistan, and stated that if she
was unhappy with her treatment that she should leave the country.
Such jibes and put downs have no place at work under any
circumstances. Moreover, the harassment was especially egregious
here because Abdullah's family has lived in the United States for
generations."
In addition to enforcing Title VII of the Civil Rights Act of
1964, which prohibits employment discrimination based on race,
color, religion, sex or national origin, the EEOC enforces Title I
of the Americans with Disabilities Act, which prohibits
discrimination against people with disabilities in the private
sector and state and local governments; the Age Discrimination in
Employment Act, which protects individuals who are 40 years of age
or older; the Equal Pay Act; the Rehabilitation Act of 1973's
prohibitions against discrimination affecting individuals with
disabilities in the federal sector; and sections of the Civil
Rights Act of 1991. Further information about the Commission is
available on the agency's web site atwww.eeoc.gov.