U.S. Equal Emp't Opportunity Comm'n v. Greyhound Lines, Inc.
| Decision Date | 12 August 2021 |
| Docket Number | Civil Action No. ELH-19-1651 |
| Citation | 554 F.Supp.3d 739 |
| Parties | U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. GREYHOUND LINES, INC., Defendant. |
| Court | U.S. District Court — District of Maryland |
Debra Michele Lawrence, Eric Stephen Thompson, US Equal Employment Opportunity Commission, Baltimore, MD, Maria Salacuse, US Equal Employment Opportunity Commission Office of General Counsel, Washington, DC, for Plaintiff.
Ethan Daniel Balsam, Eunju Park, Littler Mendelson, P.C., Washington, DC, for Defendant.
In this employment discrimination action, the United States Equal Employment Opportunity Commission ("EEOC") filed suit against Greyhound Lines, Inc. ("Greyhound"), a provider of intercity bus transportation. The EEOC asserts a claim of failure to provide religious accommodation, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII"). ECF 1 (the "Complaint").
The suit arises from the hiring process of Aliyah Hadith, an observant Muslim woman. It is undisputed that in 2017, Greyhound extended a conditional offer of employment to Hadith, who was a bus driver in training. But, Greyhound officials informed Hadith that, while on the job, she would not be permitted to wear an untucked shirt or a loose-fitting, floor-length garment, called an abaya. After learning of Greyhound's clothing requirement, Hadith withdrew from Greyhound's bus driver training program. The EEOC alleges that Greyhound's stance regarding Hadith's attire amounted to an unlawful denial of religious accommodation and resulted in a constructive discharge.
Plaintiff seeks damages and injunctive relief. With respect to the latter, it asks for a permanent injunction enjoining Greyhound from engaging in religious discrimination and ordering defendant to institute policies and programs against religious discrimination. Id. at 5-6.
Defendant has moved for summary judgment (ECF 52), supported by a memorandum of law (ECF 52-1) and exhibits (collectively, the "Motion"). Plaintiff opposes the Motion. ECF 55. The opposition is supported by exhibits. Greyhound replied. ECF 56.
No hearing is necessary to resolve the Motion. See Local Rule 105.6. For the reasons that follow, I shall deny the Motion.
Hadith was raised in a practicing Sunni Muslim family. ECF 52-6 (Hadith Dep.) at 3 (Tr. at 14).2 Prior to becoming Sunni Muslims, Hadith's parents were adherents or members of the Nation of Islam. ECF 55-1 (Hadith Dep.) at 8 (Tr. at 31). They were not "strict" with Hadith and her sisters in their adherence to, or enforcement of, Islamic practices regarding attire for women. Id. At some point, around 2011 or 2012, Hadith became more observant than her parents. See id. at 3-5 (Tr. at 14-17). She "start[ed] dressing more traditionally Muslim." Id. at 6 (Tr. at 18).
The evidence regarding the religious practices of observant Sunni Muslims, and in particular, practices related to clothing, comes from the deposition testimony of Hadith, as well as that of Christopher Boone, Hadith's husband at the relevant time, and Hadith's Declaration. ECF 55-4.3 Hadith and Boone married in January 2016 and divorced in 2020. ECF 52-6 at 19 (Tr. at 52). Boone is also a practicing Muslim. See ECF 55-2 (Boone Dep.) at 6 (Tr. at 36).
According to Hadith, Sunni Muslim women must adhere to certain dress requirements when outside of the home. Specifically, they must wear a hijab, i.e. , a "head scarf," ECF 52-6 (Hadith Dep.) at 23 (Tr. at 91), as well as a "dress" or "overgarment," called an abaya. Id. at 7 (Tr. at 25). She averred that these requirements derive from the texts produced by Islamic "scholars" who "stud[ied] and interpret[ed]" the Koran. ECF 55-1 (Hadith Dep.) at 12 (Tr. at 47). According to both Hadith and Boone, wearing an abaya demonstrates modesty. ECF 55-1 (Hadith Dep.) at 9 (Tr. at 42); see ECF 55-2 (Boone Dep.) at 5 (Tr. at 35).
An abaya must be "loose," that is, "it can't hug your body." ECF 55-1 (Hadith Dep.) at 12 (Tr. at 47). And, it must extend all the way to a wearer's feet or cover the feet. Id. at 9-11 (Tr. at 42, 45-46). Pants can be worn underneath the abaya. ECF 52-6 (Hadith Dep.) at 10 (Tr. at 33). Boone explained, in relevant part: ECF 55-2 (Boone Dep.) at 5 (Tr. at 35).
Hadith acknowledged that some practicing Sunni Muslim women do not wear a hijab or abaya, which she characterized as "their choice." ECF 52-6 (Hadith Dep.) at 9 (Tr. at 32). Nevertheless, she maintained that wearing an abaya is a "requirement." Id. She explained, by analogy, that even though "drinking alcohol is not allowed" in Islam, some Muslims do so. Id. But, in her view, "that's between them and Allah." Id.
In 2015 or 2016, about four or five years after becoming more observant, Hadith began wearing a hijab and a floor-length skirt or an abaya. See id. at 6, 13 (Tr. at 18, 45). She explained: Id. at 6 (Tr. at 18). Sometime thereafter, she "transitioned" from wearing a long skirt to only wearing an abaya. Id. at 13 (Tr. at 45).
According to Hadith, in Sunni Islam a woman's husband is "responsible for [her] clothing," although he does not "dictate[ ]" what she must wear. ECF 55-1 (Hadith Dep.) at 13 (Tr. at 50). While Boone and Hadith were married, Boone would sometimes "allow" Hadith to wear jeans, a "long sweater," and boots or sandals outside of the house, when they went out for "date night." ECF 52-6 (Hadith Dep.) at 19, 20 (Tr. at 52, 55).
Hadith had a long-time interest in becoming a driver for Greyhound. ECF 55-1 (Hadith Dep.) at 32 (Tr. at 149). She explained: Id. In 2015 or early 2016, she was working at a "call center." Id. at 28 (Tr. at 135). Sometime during that period, she applied for employment with Greyhound and participated in an interview, although it is not clear what position she applied for or how far she made it in the application process. See id. at 29 (Tr. at 136).
In 2016, Hadith decided to pursue her interest further and embarked on a career change. Id. at 28 (Hadith Tr. at 135). Together with Boone, Hadith enrolled in truck driving school to obtain her Commercial Driver's License ("CDL"), hoping eventually to secure employment as a Greyhound bus driver. Id. at 28, 32 (Hadith Tr. at 135, 149); see ECF 55-2 (Boone Dep.) at 22 (Tr. at 115). Hadith obtained her CDL in December 2016. ECF 55-1 (Hadith Dep.) at 25 (Hadith Tr. at 118). It seems that Hadith then worked for a trucking company called Western Express for about four months, and then gained employment with a trucking or transportation company called GTR Transport, for which she worked until December 2017. Id. at 26 (Hadith Tr. at 125).
Boone testified that in "driver training school," he and Hadith "drove" or "rode" in the same truck. ECF 55-2 (Boone Dep.) at 21 (Tr. at 114). And, he learned that safety is the core "responsibility of a trucker" or, in other words, "what it's all about." Id. at 23 (Tr. at 116). The instructors at the program did not have any safety concerns regarding Hadith's clothing. See id. In addition, Boone averred that for some period of time before Hadith applied to work for Greyhound, he and Hadith "drove" together for one or both of Hadith's employers. Id. at 22 (Tr. at 115). Boone estimated that together they logged more than 50,000 miles and traveled to forty-two states, often driving through "heavy traffic." Id. at 23-24 (Tr. at 116-17). During that time, Boone observed that while Hadith drove, she would "pull [her abaya] up gently, maybe an inch or two, to make sure that it didn't get caught on things ... if necessary." Id. According to Boone, Hadith's abaya never got "caught in the pedals of the truck." Id. Similarly, wearing an abaya never interfered with "pre-trip inspections" (id. at 23 (Tr. at 116)), and Hadith never had any issues entering and exiting a truck while wearing an abaya. Id. at 22 (Tr. at 115).
On November 3, 2017, Hadith applied to Greyhound for employment as a bus driver. See ECF 55-1 at 54.4 At the time, she was earning $1,800 per week for GTR Transport. ECF 55-1 (Hadith Dep.) at 32 (Tr. at 149). Hadith did not recall what the entry level salary of a Greyhound driver was or whether it was more or less than what she earned at GTR Transport. See id. In her words, "I was chasing what made me happy and what I wanted to do." Id. After her short-lived training period with Greyhound, described infra , Hadith returned to the trucking industry. See ECF 55-4 (Hadith Dec.), ¶¶ 4-6.
Hadith avers that as of January 27, 2021, she had "driven a semi-truck at least 800,000 miles on U.S. highways while wearing an abaya"; she has never "been in an accident"; and wearing an abaya has never interfered with driving a truck, entering and exiting a truck, or inspecting the truck. Id. ¶¶ 6-7.
According to Greyhound's "Employee Handbook," Greyhound is "the largest intercity bus company in North America." ECF 52-2 at 5.5 Greyhound "carries more than 20 million customers a year to 3,800 destinations in the U.S. and Canada." Id.
Greyhound's Employee Handbook includes a "Personal Appearance and Demeanor Policy." ECF 52-5 at 32-34. It requires both bus drivers and student drivers to wear a uniform, although the dress requirements for the two groups differ. Id. at 34. Gerrod Norman, Greyhound's Regional Human Resources Manager for the "northeast," testified to the uniforms’ requirements. ECF 52-5 (Norman Dep.) at 3 (Tr. at 11).
The "standard training uniform" consists of "a white shirt" and "black pants," among other things. Id. at 10 (Tr. at 37). The "standard uniform" for drivers consists of ...
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