Akebono Brake Corp., a Michigan-based company that produces automotive brake components, violated federal law when it terminated a temp employee because of her religion, the US Equal Employment Opportunity Commission alleged in a workplace discrimination lawsuit filed Nov. 3. The federal agency further charged that the company discriminatorily interfered with the temporary laborer’s employment opportunities with her direct employer, a temporary labor service provider.

According to the EEOC’s complaint, Clintoria Burnett is an observant member a Pentecostal Christian denomination and holds the religious belief that she cannot wear pants because she is a woman, and that she is commanded to wear skirts or dresses. Akebono maintained a dress code policy requiring employees to wear pants while at Akebono’s facility.

The temporary labor service provider hired Burnett in or around October 2014, and subsequently placed her to work at Akebono’s West Columbia, SC, facility. The EEOC reported that while the temporary labor service provider had the authority to recruit and hire temporary laborers for placement at Akebono’s facility under the terms of a staffing agreement between the two entities, Akebono maintained the ultimate authority to deny hire to any employee recruited by the temp firm.

The EEOC alleges Akebono ultimately directed the temp labor service provider not to hire Burnett because of her religious belief and did not consider any potential religious accommodations. Based on Akebono's directive, the temporary labor service provider withdrew Burnett’s offer of employment.

The EEOC seeks back pay, compensatory damages, punitive damages and injunctive relief.

“Under federal law, employers have an obligation to attempt a fair balance between an employee's right to practice his or her religion and the operation of their business,” said Lynette A. Barnes, regional attorney for EEOC's Charlotte District Office. “This case demonstrates EEOC’s commitment to fighting religious discrimination in the workplace.”

The EEOC filed suit in the US District Court for the District of South Carolina, Columbia Division (EEOC v. Akebono Brake Corporation, Civil Action No. 3:16-cv-03545-CMC-SVH) after first attempting to reach a pre-litigation settlement through its conciliation process.