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Staffing firm settles EEOC discrimination suit for $30,000

June 16, 2017

HospitalityStaff, an Orlando, Fla., staffing company serving the hospitality industry, will pay $30,000 to settle a religious discrimination lawsuit filed by the US Equal Employment Opportunity Commission, the agency announced Wednesday. Aside from the monetary relief, HospitalityStaff will implement a companywide accommodation policy.

The EEOC alleged HospitalityStaff discriminated against employee Courtney Joseph based on religion when it required him to cut his dreadlocks to comply with its client's grooming standards in order to keep his position at an Orlando-area hotel. The EEOC said that HospitalityStaff took Joseph, a Rastafarian, off his assignment and never reassigned him.

HospitalityStaff disputed the liability and damages allegations. Notwithstanding, the company has limited resources to engage in protracted litigation with a federal agency, so it made a business decision to settle the case, according to John Bolanovich, attorney and counselor at law at Bogin, Munns & Munns PA, who represented the company.

“The terms of the settlement were negotiated strenuously by HospitalityStaff and the relief obtained by the EEOC for its claimant is marginal compared to what they initially sought at the outset of the case,” Bolanovich said.

The EEOC previously reported Joseph was assigned to a Walt Disney World resort as a prep cook and wore his hair in dreadlocks because of his Rastafarianism religion. The company told him to cut his hair to meet Disney appearance standards, but Joseph said he couldn’t because of his religious beliefs and was terminated. Joseph worked at the resort from 2011 through 2013 and had tucked his dreadlocks under his cap during that time without question or incident, according to the EEOC. The lawsuit originally sought reinstatement, back pay, and compensatory and punitive damages.

Under the decree, which was agreed to soon after EEOC filed its lawsuit, HospitalityStaff agreed to pay Joseph $30,000 in damages. The company will also amend its employee handbook and policy manual to include a clear policy providing for reasonable accommodations covering both disability and religious-based requests. Further, HospitalityStaff agreed to provide training to its managers and human resources personnel, and to voluntarily provide information to EEOC concerning its handling of religious discrimination complaints for three years.

“HospitalityStaff’s decision to provide training and to implement policy changes relating to reasonable accommodations should be commended,” said Kimberly Cruz, supervisory trial attorney for the EEOC’s Miami District Office. “These policy changes demonstrate the company's commitment to providing reasonable accommodations to its employees with sincerely held religious beliefs.”