The Department of Justice (DOJ) filed a lawsuit against a Texas prison agency for what it deemed unreasonable termination of employment as a result of her faith.
The incident dates back to 2019, when Franches Spears was employed as a non-uniformed records clerk within the agency’s Pam Lychner State Jail near Humble, Texas, according to the DOJ press release.
Ms. Spears was first put on paid leave after wearing the head covering for a whole month in September of that year without any objection from the administration. The following month, Ms. Spears’s supervisor informed her she needed to report to Human Resources.
Human Resources informed her that she was in breach of the agency’s dress code, which requires a “business-casual uniform,” according to the filing.
Shortly after, she was given the decision to take off her head covering or go home and be suspended without pay. Ms. Spears chose to go home and filled out a “Request for Religious Accommodation Form,” as instructed by Human Resources. A month later, Ms. Spears received a notice indicating the agency terminated her employment with no decision given on her accommodation form despite following up, according to the filing.
According to Assistant Attorney Kristen Clarke, the case presents a clear breach of religious freedom within the workplace.
“Employers cannot require employees to forfeit their religious beliefs or improperly question the sincerity of those beliefs,” Ms. Clarke said in a statement.
Furthermore, Ms. Carke said it is a violation of the legal obligation of an employer to accommodate religious expression stipulated under Title VII of the Civil Rights Act of 1964.
“This lawsuit is a reminder to all employers of their clear legal obligation to offer reasonable religious accommodations. In our country, employers cannot force an employee to choose between their faith and their job.”
The federal lawsuit, which was filed in the Southern District of Texas on May 3 against the Texas Department of Criminal Justice (TDCJ), alleges that Ms. Spears requested to wear the head covering in accordance with her religion, which was denied by the TDCJ.
Court documents showed that upon explaining her decision to wear the head covering in accordance with her Ifa faith and the tenets of her faith, Human Resources Specialist Elizabeth Fisk allegedly scoffed and said, “Basically you just pray to a rock.”
Upon further discussion and filling out the religious accommodation form, Ms. Spears was told, “Your accommodation may not ever get approved.”
The complaint further states that Ms. Spears stood staunchly behind her decision to adhere to faith, which subsequently resulted in her being put on indefinite unpaid leave.
The complaint is seeking a permanent injunction against discrimination by the prison agency, in addition to compensation for damages caused, leading to her suffering pain and anguish as a result of the alleged mistreatment.
According to its website, the Ifa faith is a spiritual way of life practiced by the Yoruba people in Western Africa.
It emphasizes a “sense of responsibility and accountability on each person within the community to help each other, thus nurturing respect and positivity toward each other.”
