EEOC Fails to Revive Systemic Bias Claims for Muslim JBS Workers

The EEOC is wrong that a recent Tenth Circuit holding that proving bias motivated an adverse employment action isn’t a necessary element of a failure-to-accommodate claim under the Americans with Disabilities Act also applies in religious-based job accommodation suits, the District of Colorado ruled.

The Equal Employment Opportunity Commission was trying to revive systemic discrimination claims it brought in 2010 on behalf of Somali Muslim workers at a JBS USA LLC meatpacking plant in Greeley, Colo. The company denied the workers time to pray at work and to break their Ramadan fast from December 2007 through July 2011; disciplined workers ...