SHARIAsource

Representing a group of Muslim truck drivers, the EEOC brought suit under Title VII against the group’s employer, Pace Services (a trucking company), alleging that the company subjected them to a hostile work environment. Specifically, the plaintiffs alleged that the company did nothing to stop their supervisor from calling them a variety of derogatory names, such as al-Qaeda, Taliban, and Osama. The company argued a recognized affirmative defense against the discrimination claim by attempting to show that it took reasonable care to prevent and promptly correct any racially-discriminatory behavior and that the employee(s) failed to take advantage of said corrections. The plaintiffs argued that the defendant could not prove the essential elements of that defense, and thus, that summary judgment should be granted in their favor. The Court dismissed the plaintiffs’ motion, concluding that the defendant had provided evidence sufficient to allow a jury to conclude that they had adequately proved the elements of the affirmative defense.

The plaintiff, who won a judgment in the lower court, challenged the U.S. District Court for the District of Maine’s refusal to retry an employment discrimination case in which the jury refused to award damages despite finding the defendants guilty. In the underlying case, the plaintiff had sued his employer under §1981 and Title VII, alleging religious and national-origin discrimination as well as harassment based on his race and religion in the form of a wide range of offensive actions and statements aimed at the plaintiff, including likening the plaintiff to Osama bin Laden, telling him to go back to his own country, and attempts to shove pork in his mouth (Islamic law prohibits the consumption of pork). The plaintiff argued that on a guilty finding, the jury was obliged to award damages as a matter of law. The appellate court, however, pointed to precedent rejecting this argument, and thus affirmed the lower court’s decision not to retry the case.

Muslim plaintiff Iqbal Sulehria sued his employer, the New York City Department of Correction, and related officials under Title VII, §1983, and New York State and City anti-discrimination laws, alleging religious and national origin discrimination as well as retaliation for filing a claim with the Equal Employment Opportunity Commission (EEOC) and through the prison administration. Specifically, the plaintiff claimed that his co-workers and managers harassed him for being Muslim after the events of 9/11. The harassment consisted of verbal taunts, intrusive searches, withholding promotions, denying him use of the bathroom, forcing him to work in substandard conditions, and having his face imposed on the body of Osama bin Laden in photos left on the plaintiff’s desk. The Court upheld a magistrate judge’s report granting the City partial summary judgment, dismissing the retaliation and failure-to-promote claims, because the Court found that the plaintiff failed to establish a prima facie case; however, the Court denied the City’s motion for summary judgment as to the hostile work environment claim, concluding that a jury could see the events as alleged to be severe and pervasive enough to allow the claim to go forward.