The U.S. Equal Employment Opportunity Commission (EEOC) sued BWW Resources, LLC, the owner and operator of Buffalo Wild Wings restaurants, for religious discrimination after the restaurant allegedly failed to hire an applicant because of her religion.

According to the allegations contained in the lawsuit, a woman, whose sincerely held religious beliefs require her to wear a long skirt in public, applied to be a server at a restaurant in Douglasville, Georgia.

The EEOC claims that "the Douglasville general manager told the candidate at a social gathering that the restaurant was hiring, but also mocked her religious beliefs by throwing her arms in the air, chanting 'na na na,' and asked her if she were Pentecostal."

After the woman applied, the restaurant allegedly failed to contact her or interview her. The woman's daughter, who worked at the restaurant, asked an assistant manager about her mother's application, and the assistant manager allegedly told her that the restaurant would not hire her mother because "it was unusual for servers to wear long skirts in a sports bar."

The general manager allegedly confirmed that the restaurant would not hire the woman, even though the establishment was actively seeking servers. Five servers were hired within two months.

The EEOC is seeking back pay and compensatory and punitive damages for the employee, as well as injunctive relief to prevent future religious discrimination. "EEOC Sues Buffalo Wild Wings for Religious Discrimination" www.eeoc.gov (Aug. 13, 2024).

Commentary

The EEOC alleges the employer's failure to hire the woman violated Title VII of the Civil Rights Act of 1964 -specifically, not hiring the applicant because of her religious dress.

Refusing to hire an applicant because of wearing a long skirt because it is "unusual" or doesn't "fit" the workplace sports bar "vibe" creates an unnecessary discrimination risk. Wearing short skirts is not a bona fide occupational qualification to work in a sports bar.   

What other best practices are there for avoiding discrimination risk in hiring?

• Do not use words or phrases that signal a preference for workers who are, or are not, of certain religions, such as "[e.g., Christian, Muslim, Jewish, Buddhist, atheist] only", "non-religious workplace", or "must have 'traditional religious' values"
• Do not state that a religious or non-religious applicant is not a "good fit" based on religious factors
• Avoid expressing a preference for applicants who are, or are not, religious in written job applications, including using terms like must have certain religious or secular values, or "[e.g., Christian, Muslim, Jewish, Buddhist, atheist] applicants need not apply"
• Do not make a negative hiring decision based on accommodating an applicant's religious beliefs or practices
• Do not express a preference for applicants who are "faith-oriented", "open to prayer", or who are not "faith-oriented" or do not observe certain religious practices
• Never describe positions in terms that refer to religious stereotypes. For example, listing preferences for applicants who "don't wear [e.g., crosses, head scarves, yarmulkes] or who are "clean shaven"
• Ensure that applicants of all religions, or who are not religious, are considered in the same manner as all other workers
• When discussing applicants, do not use words, phrases, or stereotypes referring to the applicant's religion
• Do not include questions about religion or ask an applicant about their religious practices/observances in interview questionnaires or applications
• Do not automatically preclude applicants unable to work on Sunday or Saturday because of a sincere religious belief
• Do not automatically preclude applicants who request or inquire about breaks for prayer
• Provide religious discrimination training for all employees, especially those involved in the hiring process