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Feds: Fingerprint requirement was religious discrimination

Tom D'Agostino
By: Tom D'Agostino
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About the Author

Tom D’Agostino is an attorney and legal editor who has more than 30 years of experience writing about employment law, disability law and education law trends. He earned his B.A. degree from Ramapo College of New Jersey and his J.D. from the Duquesne University School of Law. D’Agostino, who is a member of the Pennsylvania bar, is a past member of the American Bar Association’s Section of Individual Rights and Responsibilities and the Pennsylvania Bar Association’s Legal Services to Persons with Disabilities Committee. He has provided technical assistance in the production of segments for television’s ABC World News and 20/20, and he has been quoted in periodicals including USA Today. He is also a past contributing author of Legal Rights of Persons with Disabilities: An Analysis of Federal Law, which is a comprehensive two-volume treatise addressing the legal rights of people with disabilities. Tom is passionate about baseball and authentic Italian food. When not writing, he enjoys spending time with family.

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Last Updated: June 21, 2021
1 minute engagement
termination violated federal law new suit says
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A new lawsuit says an employer illegally discriminated against an employee based on his religion when it refused to accommodate his request not to be fingerprinted. 

The Equal Employment Opportunity Commission (EEOC) filed the suit on behalf of an employee of AscensionPoint Recovery Services, LLC. That is an estate and probate debt recovery company that manages debt recovery for creditors.

The company requested that its employees be fingerprinted due to a background check requirement of one of its clients. A Christian employee told the employer that having his fingerprints taken was contrary to his religious practices.

The employer responded by terminating his employment, the suit says.

What did they do wrong?

The EEOC faults the employer for declining to ask the client whether an exemption to the fingerprinting requirement was available. It also says alternatives to fingerprinting are available.

The suit alleges violation of Title VII. That law bans discrimination based on religion and requires employers to reasonably accommodate the religious practices of employees and applicants.

The EEOC says it resorted to litigation after first attempting to resolve the matter using its conciliation process.

The suit was filed in a federal district court in Minnesota.

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