AZ: Terminated for "not being religious enough"

[montoa01]

What is the name of your state? Arizona
I am a food-service contractor and I work for a client who is a Christian-based organization. After 6 months of very successful work I was informed they were eliminating my position and were going to look for someone who was more "religious". I believe they made this decision after they found out my wife is Muslim. They probably assume I am too, but I'm actually Christian as well. The client actually told my boss, "we want someone more religious and this is why we've made this decision".

Is this legal?
I have no disciplinary history. In fact, I've helped the organization accomplish some major milestones.

 

[PayrollHRGuy]

Contractors don't have the same protections as an employee. So to confirm, do you get a W2 or 1099?

 

[montoa01]

Contractors don't have the same protections as an employee. So to confirm, do you get a W2 or 1099?

I get a W2 from the contracting company I work for, not from the client. Due to the clients decision, I'll be laid off

 

[LdiJ]

I get a W2 from the contracting company I work for, not from the client. Due to the clients decision, I'll be laid off

So your employer had nothing to do with the decision? It was your employer's client who made the decision? Unfortunately you have no recourse. It is not your employer's fault if he has to lay you off.

 

[montoa01]

So your employer had nothing to do with the decision? It was your employer's client who made the decision? Unfortunately you have no recourse. It is not your employer's fault if he has to lay you off.

Correct. Thank you for the information.

 

[PayrollHRGuy]

Correct. Thank you for the information.

Not so fast. You should read the this, https://www.forbes.com/sites/theemploymentbeat/2014/03/17/customer-balks-at-your-employees-religious-expression-tough-luck-says-the-eeoc/#65f125234df4

And since you have already been terminated it can't hurt to file an EEOC claim against your employer.

 

[adjusterjack]

Due to the clients decision, I'll be laid off

Let's be clear. Does your employer have other clients to put you to work with? If not, or if positions with other clients are already filled, I don't see an EEOC complaint against your own employer going anywhere because you were laid off for lack of work not because of insufficient religion.

I also seem to remember something about religious organizations being able to discriminate in favor of their own religions. The client might be within his rights. Maybe one of our other contributors will have something on that.

 

[LdiJ]

Not so fast. You should read the this, https://www.forbes.com/sites/theemploymentbeat/2014/03/17/customer-balks-at-your-employees-religious-expression-tough-luck-says-the-eeoc/#65f125234df4

And since you have already been terminated it can't hurt to file an EEOC claim against your employer.

His employer isn't the problem. He works for a contracting agency who placed him with the company that doesn't want him anymore. He IS saying that his employer will likely lay him off, but that would only be because his employer doesn't currently have anywhere else to place him.

 

[cbg]

If LdiJ's assessment is correct, and I read the post the same way she did, I don't see that he's got any kind of case. But if he wants to take it past an employment attorney in case there's a detail he omitted here that would change the answer, I don't have a problem with that.

 

[PayrollHRGuy]

An employer can be sued for the actions of a client company. https://www.eeoc.gov/eeoc/newsroom/release/6-13-18c.cfm

I'm not saying it will be successful but the OP can file a complaint with the EEOC for ZERO cost.

 

[xylene]

I'd mull taking it to the court of public opinion.

Five on your side their backsides.

Local news up in they grill ftw.

 

[eerelations]

And the possibility that it's all because your wife is Muslim? Yup, I think it's more than possible. In Canada (where I'm from), Muslim-hatred is A Big Thing. (There are stats about this + I have personal experience.)

And apparently, Muslim-hatred also exists in the US, and is also possibly even bigger than it is in Canada.

But if you want to make a claim of Muslim-hatred once removed, you will have to prove it. With good solid evidence. If you have it, good luck to you.

 

[Just Blue]

And the possibility that it's all because your wife is Muslim? Yup, I think it's more than possible. In Canada (where I'm from), Muslim-hatred is A Big Thing. (There are stats about this + I have personal experience.)

And apparently, Muslim-hatred also exists in the US, and is also possibly even bigger than it is in Canada.

But if you want to make a claim of Muslim-hatred once removed, you will have to prove it. With good solid evidence. If you have it, good luck to you.

A certain someone has made bigotry a national past time.

 

[commentator]

I think it will be tough to show a pervasive pattern of discrimination. "I think" it's because my wife is a Muslim just isn't going to make any sort of valid provable complaint to the EEOC, won't likely get you a right to sue letter. Honestly, there are employers who are just more comfortable with people who can talk the talk and think just like them. My son got deeply embroiled in a situation like this a few years ago and we researched high and low whether "not being religious enough" was a violation of EEOC policies. He was hired in a place where everyone but him was very religious, and he refused to attend church with the boss after several invitations. From then on, he was on her list, she went out of her way to get rid of him, and when he was gone, she hired someone who went to church with her! However, this was just a bad experience, not worth camping on. You didn't have enough common interests with this group and both of you will be happier when you're elsewhere.

 

[Taxing Matters]

I think it will be tough to show a pervasive pattern of discrimination. "I think" it's because my wife is a Muslim just isn't going to make any sort of valid provable complaint to the EEOC, won't likely get you a right to sue letter.

The EEOC gives everyone a right to sue letter unless the agency elects to take up the case itself, which is statistically a rare occurrence compared to the number of complaints it gets. Indeed, if you want to bypass the EEOC investigation and proceed right to court you may ask the EEOC in writing for an immediate right to sue letter. Technically, the right to sue letters come in two varieties — one the agency calls a Dismissal and Notice of Rights and the other which it calls a Notice of Right to Sue. The former is issued when the EEOC investigator cannot find enough evidence to establish reasonable cause that discrimination occurred and the latter is issued after the agency determines discrimination may have occurred and the agency's conciliation process failed. But both amount to the same thing: the agency isn't taking your case and the letter gives you 90 days to file your lawsuit against the employer. There is no outcome from an EEOC investigation that cuts off the employee's right to sue in court.

The employee must, however, make a timely complaint with the EECO and get one of those letters before he or she may use for a violation of federal employment discrimination laws. If you go to court to sue before getting one of those letters the court will dismiss your claim. If you don't file the complaint with the EEOC in time (within 180 days or 300 days of the act of discrimination) you are forever barred from suing over it.