Atlanta Restaurant Scheduled Employee to Work in Violation of Her Religious Beliefs, Then Fired Her for Not Working, Federal Agency Charges

ATLANTA – Del Frisco’s of Georgia, LLC, a restaurant located in Atlanta, violated federal law by firing a server when her religious beliefs conflicted with her work schedule, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

According to the EEOC’s suit, beginning in January 2019, the employee requested and was granted an accommodation of not working on Tuesday evenings and Sunday mornings so she could attend prayer and church services. Del Frisco’s scheduled the employee to work on Tuesday, Dec. 31, 2019, in conflict with her existing religious accommodation and her need to attend prayer services that evening. The employee reminded her supervisors of her religious conflict, but she was not taken off the schedule. When the employee did not appear for work on that day, Del Frisco’s fired her.

Such conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discharging an employee because of her religion and requires that sincerely held religious beliefs be accommodated by employers. The EEOC filed suit (Civil Action No. 1:22-CV-2234 MHC JKL) in U.S. District Court for the Northern District of Georgia, Atlanta Division, after first attempting to reach a pre-litigation settlement via its conciliation process. The EEOC is seeking back pay, front pay, compensatory damages and...

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