Case details

Suit: Employee made to work on days of religious observance

SUMMARY

$158000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
Plaintiff U.S. Equal Employment Opportunity Commission alleged that Maita Chevrolet, a vehicle dealership in Elk Grove, failed to accommodate the religious practice of a Seventh-day Adventist employee and, instead, harassed, disciplined and discharged him because of his religion. The employee, Anthony Okon, intervened in the EEOC’s case. After first attempting to reach a pre-litigation settlement through conciliation, the EEOC sued Maita Chevrolet Geo for violations of the California Fair Employment and Housing Act, and Title VII of the Civil Rights Act of 1964. Counsel for the EEOC contended that a key tenet of Okon’s Seventh Day Adventist faith is to observe the Sabbath by refraining from secular work from sundown Friday to sundown Saturday, but that Maita Chevrolet persistently scheduled Okon to work shifts during his Sabbath, despite numerous requests not to from Okon and his pastor, who also explained the requirements of their religion. Thus, counsel contended that Okon was harassed, denied work on Sundays, and ultimately disciplined and discharged in May 2007 for taking leave to observe his Sabbath. Maita Chevrolet denied the allegations by the EEOC and Okon. Counsel for Maita Chevrolet contended that Okon was conflicted about his religious obligations and as such, Okon gave conflicting accommodation demands to Maita Chevrolet, which were repeatedly granted. Counsel also contended that, nevertheless, Okon regularly showed up to work on his Sabbath when not scheduled to do so. Counsel further contended that Okon was evicted from his home and was in the process of moving his family out of the area, when he stopped coming to work. As a result, counsel contended that Okon’s employment relationship with Maita Chevrolet ended. In addition, counsel for Maita Chevrolet contended that it was subsequently learned that Okon failed to disclose a felony conviction on his job application, which the EEOC refused to allow him to discuss, and which would have resulted in his termination. Thus, counsel asserted that Maita Chevrolet and its employees never engaged in any discrimination, harassment or wrongful conduct toward Okon. Maita Chevrolet claimed that it prohibits discrimination, as it is completely contrary to its corporate culture, which embraces respect for all employees in the workplace. Maita Chevrolet further claimed that all of its employees participated in annual discrimination and harassment training in the years before and after Okon’s employment, and that it will continue to devote substantial resources to its training programs to ensure a positive work environment for its employees., Okon, a Nigerian immigrant, worked for Maita as a car salesman from April 2005 until May 2007. He sought recovery for his lost wages and benefits, other economic damages caused by the discharge, emotional distress, and punitive damages. He also sought injunctive relief to remedy and prevent any future discrimination and failures to accommodate.
COURT
United States District Court, Eastern District, Sacramento, CA

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