The EEOC filed suit in the Eastern District of Louisiana alleging that The Cogar Group violated Title VII of the Civil Rights Act by failing to accommodate the religious practices of a security guard who had worked part-time with Sundays off since March 2021. In February 2024, the company changed the employee's schedule to include Saturday and Sunday shifts, effectively forcing him to choose between his job and his religious obligations as a Baptist deacon.
The security guard, described as a disabled veteran, informed his supervisor that the new schedule conflicted with his religious beliefs because his faith required him to attend church on Sundays. According to the lawsuit, The Cogar Group refused to modify the schedule to accommodate his religious needs, ultimately forcing him to resign from his position.
The EEOC is seeking monetary damages and injunctive relief to prevent future discrimination. Title VII requires employers to reasonably accommodate employees' religious practices unless doing so would impose an undue hardship on the business. The agency attempted to reach a pre-litigation settlement through conciliation before filing the federal lawsuit.
The case reflects the EEOC's continued focus on religious accommodation cases, particularly those involving scheduling conflicts with worship services. Religious discrimination charges filed with the EEOC have increased in recent years, with many involving conflicts between work schedules and religious observances.
"Federal law entitles employees to accommodations for their religious practices," said Michael Kirkland, director of the EEOC's New Orleans Field Office. "Absent undue hardship, it is unlawful for an employer to force an employee to choose between his religious practice and his job." Jacqueline Barber, a senior trial attorney in the EEOC's New Orleans Field Office, added that "when it is feasible for an employer to accommodate an employee's religious beliefs, but it chooses not to, the employer violates Title VII."
The lawsuit will proceed in federal court where the EEOC will need to prove that The Cogar Group could have reasonably accommodated the employee's Sunday worship without undue hardship. Security companies often face scheduling challenges due to the need for continuous coverage, but courts typically require employers to demonstrate concrete efforts to find workable solutions before claiming undue hardship.
The case serves as a reminder to employers in service industries with weekend operations to carefully consider religious accommodation requests and explore alternatives before denying them. The outcome could influence how courts balance employer operational needs against employees' religious rights in similar scheduling conflicts.