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Muslim Worker Can Pursue Religious-Bias Case

A federal appeals court has reinstated a Muslim worker's lawsuit alleging he was subjected to a religiously hostile work environment that his employer knew about but ignored.

The 4th U.S. Circuit Court of Appeals found several fact questions on whether, in the wake of the 9/11 terrorist attacks, plaintiff Clinton Ingram suffered severe and pervasive religious harassment in violation of federal antidiscrimination laws.

"No employer can lightly be held liable for single or scattered incidents. We cannot ignore, however, the habitual use of epithets here or view the conduct without an eye for its cumulative effect," the court said.

Ingram began working as a truck driver for Sunbelt Rentals in October 2001. He was later promoted to rental manager.

According to the opinion, his co-workers knew he was a Muslim because the company allowed him to attend weekly prayer sessions and use a small room at the office for short private prayer sessions during the workday.

Ingram filed a complaint with the Equal Employment Opportunity Commission, saying his co-workers regularly made demeaning comments against him because of his religious beliefs.

Co-workers called him "Taliban" and "towel head," made fun of his appearance, suggested that he was a terrorist, and questioned his loyalty to the United States, according to the complaint.

After he complained to the human resources department, Ingram's direct supervisors investigated but found no evidence of religious discrimination, the complaint says. Instead, they allegedly told him that his problems stemmed from his personality and performance and that he was "paranoid" and "seeing things."

The harassment continued until Ingram was fired in February 2003, the complaint says.

The EEOC sued Sunbelt on Ingram's behalf in the U.S. District Court for the District of Maryland, alleging religious discrimination and hostile environment in violation of federal civil rights law.

The District Court granted summary judgment to Sunbelt.

"There's a lot of coarse behavior that goes on in the workplace," the court said, adding that the EEOC did not show that the alleged harassment was severe or pervasive enough to establish a prima facie case of a hostile work environment.

The agency appealed to the 4th Circuit, which reversed and remanded.

The three-judge panel said a reasonable jury could find that the harassment was "unwelcome."

The record contained ample evidence that Ingram repeatedly complained about his co-workers' alleged misconduct and clearly communicated to supervisors and co-workers that the negative comments about his religion were unwelcome, the opinion says.

Next, the appeals court found that the harassment was based on Ingram's religion. The court said names like "Taliban" and "towel head" would not have been applied to a non-Muslim employee.

The record contains evidence that a reasonable jury would find so abnormal as to meet the "severe or pervasive" test, the court said.

The evidence indicated that Ingram was harassed because of his appearance and religion and that the harassment was "persistent, demeaning, unrelenting and widespread," the opinion says.

To comment, ask questions or contribute articles, contact West.Andrews.Editor@Thomson.com.

The EEOC was represented by Daniel Vail, Ronald Cooper, Carolyn Wheeler and Lorraine Davis of the agency's Washington office.Counsel for Sunbelt were Patricia Hill and Colin Thakkar of Smith, Gambrell & Russell in Jacksonville, Fla.