SOUTHERN HILLS MEDICAL CENTER SETTLES EEOC RELIGION DISCRIMINATION LAWSUIT

Muslim Denied Time Off for Pilgrimage to Mecca, Federal Agency Charged

NASHVILLE -- Southern Hills Medical    Center will  pay $70,000 and provide other relief to settle a religious discrimination  lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the  agency announced today.

The  EEOC’s suit (No. 3:07-cv-00976, filed  in the U.S. District Court for the Middle District of Tennessee) had charged  that Southern Hills refused to allow Wali Telwar, a practicing Muslim, to use  his earned vacation time to make his pilgrimage to Mecca, which is required by  his faith. Instead of accommo­dating his  request for extended leave, the hospital insisted that Telwar either work as  scheduled or resign his position and reapply.  Telwar resigned. The EEOC claims  that when Telwar returned from his pilgrimage and reapplied to work at Southern  Hills, he was not rehired.

Refusing  to accommodate a sincerely held religious belief violates Title VII of the  Civil Rights Act of 1964. The EEOC filed  suit after first attempting to reach a voluntary settlement.

Besides  providing monetary relief, the two-year consent decree settling the suit, signed  by Senior District Judge  Thomas A. Wiseman, Jr. on April 27, 2009,  enjoins Southern Hills Medical Center from refusing to accommodate the sincerely held religious  beliefs of an employee or retaliating against any employee for requesting a  religious accommodation. The decree also  mandates a number of record-keeping, posting and reporting requirements on  religious accommo­dations.

“Demanding  that an employee choose between his job and a mandatory tenet of his faith is a  violation of federal law,” said Faye Williams, regional attorney for the EEOC’s  Memphis District Office, which has jurisdiction over Tennessee,  Arkansas, and 17 counties in northern Mississippi. “This settlement demonstrates the  Commission’s commitment to eradi­cating religious discrimination in the  workplace, and the hospital’s commitment to ensuring that similar issues do not  reoccur in the future.”

Chad  Ross, Esq., of King-Solomon, Attorneys at Law, Nashville,  also represented Mr. Telwar.

According  to its web site, Southern Hills Medical Center is a 120-bed hospital serving  the communities of southern Davidson, northern Rutherford and Williamson  counties in Middle Tennessee since 1979. 

The  EEOC is responsible for enforcing the nation's laws prohibiting employment  discrimination. Further information  about the EEOC is available on its web site at www.eeoc.gov.