JW's Win $1.3M Discrimination Lawsuit

JW's Win $1.3M Discrimination Lawsuithttp://www.eeoc.gov/press/7-31-09.htmlThe U.S. Equal Employment Opportunity CommissionPRESS RELEASE7-31-09AT&T PAYS $1.3 MILLION TO SATISFY JUDGMENT IN RELIGIOUS DISCRIMINATIONLAWSUITEEOC Prevails in Jury Verdict and Subsequent Appeal for Two Customer ServiceTechnicians Fired for Attending Jehovah's Witness ConventionJONESBORO, Ark. - The U.S. Equal Employment Opportunity Commission (EEOC)today announced that a Satisfaction of Judgment was entered in U.S. DistrictCourt for the Eastern District of Arkansas, Jonesboro Division, in areligious discrimination lawsuit brought by the federal agency againstcommunications giant AT&T, Inc. on behalf of two male customer servicetechnicians who were suspended and fired for attending a Jehovah's WitnessesConvention. AT&T paid a total of $1,307,597 pursuant to the judgmentsentered in the case.In October 2007, a jury of nine women and
three men awarded the two formeremployees, Jose Gonzalez and Glenn Owen (brothers-in-law), $296,000 in backpay and $460,000 in compensatory damages under Title VII of the Civil RightsAct. During the four-day trial, the jury heard evidence that both men hadsubmitted written requests to their manager in January 2005 for one day ofleave to attend a religious observance that was scheduled for Friday July 15to Sunday July 17, 2005. Both men testified that they had sincerely heldreligious beliefs that required them to attend the Jehovah's Witnessconvention each year. Both men had attended
the convention every yearthroughout their employment with AT&T. Gonzalez worked at the company formore than eight years and Owen was employed there for nearly six years.The case was tried in U.S. District Court for the Eastern District ofArkansas, Jonesboro Division (Case No. 3:06-cv-00176), before Judge LeonHolmes. AT&T appealed the jury verdict to the Eighth Circuit Court ofAppeals. The Eighth Circuit sided with the
EEOC and upheld the jury verdict.The amount awarded by the jury at trial grew to $1,307,597 with theinclusion of interest and front pay. Judge Holmes granted the EEOC's requestfor an injunction prohibiting AT&T from
engaging in any employment practicewhich discriminates on the basis of religion."These two employees never should have had to choose between their jobs andtheir sincerely held religious beliefs," said EEOC Acting Chairman Stuart J.Ishimaru. "With increased religious diversity in
the workplace, employersneed to be extra vigilant in guarding against discrimination based onreligion."Title VII prohibits religious discrimination and requires employers to makereasonable accommodations to employees' and applicants' sincerely heldreligious beliefs, as long as this does not pose an undue hardship.EEOC Supervisory Trial Attorney William A. Cash, Jr., who tried the casewith agency attorney Darin Tuggle, said, "These were two outstandingemployees who simply should have been
allowed to attend the Jehovah'sWitnesses Convention as they had done during their employment with AT&T.When employers or management officials
attempt to make an example out ofemployees by discriminating against them, as
was done in this case, there isa high price to pay."EEOC Regional Attorney Faye A. Williams
of the agency's Memphis DistrictOffice, which has jurisdiction for Arkansas, remarked, "We are pleased thatthis matter is now over and these gentlemen may now move forward with theirlives. These men took a stand against a large employer for their sincerelyheld religious beliefs, and justice has prevailed."According to company information, AT&T is the largest provider of both localand long distance telephone services, DSL Internet access and wirelessservice in the United States, with 74.9 million wireless customers and morethan 150 million total customers.Religious discrimination charge filings (allegations) reported to EEOCoffices nationwide have substantially increased from 1,388 in Fiscal Year1992 to 3,283 in FY 2008.The EEOC enforces federal laws prohibiting employment discrimination.Further information about the EEOC is available on its web site atwww.eeoc.gov.