Court Allows EEOC's Discrimination Suit Over Religious Garb To Proceed To Jury

In an order recently issued in EEOC v Jetstream Ground Services, Inc., Case No. 13-CV-02340 (D. Colo. Sept. 29, 2015), Judge Christine Arguello of the U.S. District Court for the District of Colorado ruled that the EEOC had satisfied all of its pre-suit conciliation requirements and demonstrated sufficient evidence to proceed to trial on behalf of a class of Muslim women who allege that Jetstream Ground Services, Inc. ("Jetstream"), failed to accommodate their wearing hajibs and long skirts on the job, failed to hire them, laid off or reduced their hours, and discriminated against them on the basis of their religion.

This case is an important primer for employers facing EEOC litigation, as well as companies with strict uniform and dress code policies.

Case Background

In October 2008, Florida-based Jetstream was awarded a cabin cleaning contract with United Airlines at Denver International Airport. Jetstream offered job interviews to employees of its predecessor contractor. Id. at 3-4. Jetstream used several criteria in its hiring process, one of which was the applicant's willingness to wear a gender neutral uniform of pants, shirt, and hat. Id. at 8. Five Muslim women of Ethiopian or Somali nationality, Safia Adbulle Ali, Sahra Bashi Abdirahman, Hana Bokku, Sadiyo Hassan Jama and Saida Warsame ("Intervenors"), applied for the position of Aircraft Cleaner, but were not offered employment. The Intervenors filed charges of discrimination locally with the Colorado Civil Rights Division, alleging that Jetstream discriminated against them on the basis of their sex (female) and religion (Muslim), and denied them the religious accommodations of wearing a hijab to cover their hair, ears, and neck, and of wearing long skirts to cover the form of their bodies. Id. at 3. After the charges were filed, Jetstream amended its uniform policy "based on legal issues regarding the burka headgear" to allow secured headscarves within specifications for dimension and color. Id. at 7.

The Colorado Civil Rights Division transferred the charges to the EEOC, which broadened its investigation through a series of requests for information. On August 29, 2012, the EEOC issued its Letter of Determination as to each Intervenor's charge, stating that it had found reasonable cause to believe Jetstream had violated Title VII by: (1) refusing to provide Intervenors and a "class" of other female Muslim employees or applicants a reasonable accommodation based on their religion...