Workplace discrimination Women sue Delaware over workplace hijab prohibition; federal lawsuit claims discrimination

WILMINGTON, Del. — Three Muslim women who used to work at a state detention center for juveniles have filed a federal discrimination lawsuit against Delaware officials claiming they were barred from wearing religious head coverings at work. 

The women, Tia Mays, Madinah Brown and Shakeya Thomas, claim nobody told them it was against policy to wear a hijab to work at the New Castle County Detention Center and Ferris School for adjudicated juveniles. 

Once they began working for the state Department of Services of Children, Youth and their Families, which oversees the facilities, they were prohibited by supervisors from working at the center unless they removed their head coverings. 

The plaintiffs asked to be transferred or offered to wear head coverings that might be considered less of a safety risk among potentially violent juvenile detentioners, but were ultimately forced to chose between their religious beliefs and their jobs, according to the lawsuit. 

The lawsuit names the department as well as officials working in the department as defendants. A spokesperson for the department declined to comment on the litigation and said “we are dedicated to maintaining an inclusive environment for all.” 

In Thomas’s case, she was told by a supervisor that she “had a few days to think about what she wanted to do — keep wearing her hijab or continue to be employed,” the lawsuit states. She was later told if  “she ever wanted to work for the State of Delaware in the future, it would be in her best interest to resign,” according to the complaint. 

In Brown’s case, she continued to wear the hijab and was forced to clock out on some days. She continued to try to work, but was forced to go home on multiple occasions and ultimately was issued an ultimatum: stop wearing the head covering or resign.

One supervisor yelled, “Now you’re looking like a terrorist,” according to the her report filed with the Equal Employment Opportunity Commission, a federal agency that administers and enforces civil rights laws against workplace discrimination. 

That complaint preceded the current lawsuit. The News Journal wrote about the complaint last year. 

In a written statement at the time, officials in charge of the facility where the women worked said they were not trying to “stifle religious freedoms” and that allowing exceptions to policy is complicated when the safety of staff and youth is impacted. 

“We must carefully balance our strong support of religious freedom with the need to keep youth and staff safe,” the statement said. “In some instances, a person’s job may require them to do certain actions, such as the physical restraint of a youth, that makes wearing some religious clothing unsafe.”

The federal lawsuit states that the department’s refusal to accommodate the womens’ beliefs violates gender and religious discrimination laws. The attorneys wrote that the state’s treatment of the women amounted to retaliation in violation of the law. 

They seek back pay, financial damages and a court to order the state to institute a religious accommodation for Muslim workers to wear religious head coverings. 

Follow Xerxes Wilson on Twitter: @Ber_Xerxes.

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