EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, et al., Plaintiffs, v. RED ROBIN GOURMET BURGERS, INC., Defendant., 2005 U.S. Dist. LEXIS 36219

Summary

The employee practiced a religion called Kemetecism. With an interest in joining the priesthood, the employee obtained two small tattoos that encircled his wrists. After he refused to cover his tattoos, he was terminated, and he filed suit for religious discrimination. On the employer's motion, the court held that the employer was not entitled to summary judgment on plaintiffs' claim because: (1) the employee brought forth sufficient evidence to demonstrate that he possessed a bona fide religious belief and, thus, he established a prima facie case of religious discrimination for failure to accommodate; and (2) there was a genuine issue of material fact as to whether the employee's proposed accommodation--being allowed to work with his tattoos uncovered--constituted an undue hardship. The court further held that plaintiffs were entitled to present evidence of wage loss from the employee's last day of work to the date he obtained new full-time employment because a jury could reasonably ...