Contact: Kristy Bennett, ACLU-MS Legal Director (601) 540-6642 or kbennett@aclu-ms.org
Nsombi A. Lambright, ACLU-MS Executive Director (601) 573-3978 or nlambright@aclu-ms.org
MCCOMB, MS - In a case defending religious freedom, the ACLU of Mississippi has filed a lawsuit against the City of McComb for denying a city employee her right to attend religious services. The lawsuit also seeks damages for the city's retaliation against the woman after she complained to the federal Equal Employment Opportunity Commission (EEOC).
The woman, Beverly Carter, worked for the City of McComb since 2003 where she worked as the McComb Fire Department's office manager. In 2004, Ms. Carter requested to take off every other Friday, using her leave time, to attend Islamic services. This request was granted by her employer so long as she had all of her work completed and up to date and she had the leave time to take.
Ms. Carter attended religious services in this manner without incident until 2008 when the City of McComb hired a new fire chief, Jean Frye. Ms. Carter had resubmitted her religious accommodation request to Chief Frye, who in turn submitted the request to the City Administrator, Jim Storer, who denied the request. No evidence that the accommodation posed an undue hardship was given for the denial of the reasonable religious accommodation that had been afforded to the Plaintiff for the past four years.
Five days after the denial, Ms. Carter filed a complaint of religious discrimination with the EEOC. Three months later, Acting Fire Chief, Billy Nettles, notified Ms. Carter that she was being terminated because of a "reduction in force" as per City Administrator Storer's instructions. Ms. Carter's position was the only job "eliminated" at the time. As a result, Ms. Carter also filed a complaint of retaliation with the EEOC.
"The ability to practice one's faith is part of the religious freedom guaranteed by the First Amendment that extends to all people in this country," said Kristy Bennett, ACLU of Mississippi Legal Director. "If a person's practice of their religion can be reasonably accommodated, as was the case for Mrs. Carter for four years before she was denied this right, then it must be done. Not only was Mrs. Carter denied her right to practice her religion without a showing by the City of McComb as to why they could no longer accommodate her, but by subsequently firing her, the City further infringed on her right to be free from repercussions for the practice of her faith and for filing a charge of discrimination when she was denied that opportunity."
The EEOC issued two determinations in 2009 in response to Ms. Carter's complaints, finding that both "established reasonable cause to believe that (she) was discriminated against".
The ACLU is seeking reinstatement of Ms. Carter and actual monetary damages to be determined by a jury.
