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Firing workers for not complying with dress code could be religious bias

Rachel Mucha
by Rachel Mucha
October 5, 2020
1 minute read
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Two employees recently voiced concerns about an employer-mandated dress code, and the EEOC backed up their religious bias claims.

Here’s how a uniform requirement resulted in two firings and a lawsuit.

Requested an accommodation

Two employees at a Kroger grocery store in Arkansas were informed they’d need to wear an embroidered rainbow heart logo on their uniforms.

The workers, believing the rainbow heart represented support for the LGBTQ community, refused to comply with the dress code.

They cited their sincerely held religious beliefs that homosexuality is a sin.

The employees requested a religious accommodation, wanting to cover the rainbow heart with a name tag.

Kroger refused to accommodate the employees, and when they still wouldn’t wear the logo, the workers were fired.

The EEOC filed a suit against Kroger on the employees’ behalf, citing a violation of the Civil Rights Act. The case is pending.

The EEOC’s complaint calls for the company to provide compensation for the fired employees, for “emotional pain and suffering, humiliation and inconvenience.”

Cite: EEOC v. The Kroger Co., 9/14/20.

Rachel Mucha
Rachel Mucha
Rachel writes about Human Resource management and has been a member of the HRMorning staff since 2017. She is a graduate of Ithaca College.

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