EEOC, Harbor Hospital settle religious discrimination suit

Daily Record, The (Baltimore), Jul 17, 2002 by Joe Surkiewicz

The U.S. Equal Employment Opportunity Commission has settled a religious discrimination lawsuit against Harbor Hospital Center for $112,500.

The suit, filed in U.S. District Court in Baltimore, charged that the Baltimore hospital violated Title VII of the Civil Rights Act of 1964 by refusing to allow Theresa Higgins, a 19-year cafeteria employee, time off every other Sunday to attend church for three hours.

"We're pleased," said Debra M. Lawrence, the EEOC supervising trial attorney who handled the case. "It sends a message that says you take each person's request individually. Ms. Higgins was a low- level employee who wiped counters and made french fries -- and they didn't take her seriously."

Under the terms of a consent decree, Harbor Hospital admitted no wrongdoing.

"The settlement was reached to avoid the expense of litigation," said Bruce S. Harrison, the hospital's attorney. "The hospital continues to believe Ms. Higgins wasn't subject to any discrimination. There were multiple efforts to accommodate her."

Under the decree, the hospital agreed to pay Higgins $112,500 and was enjoined from refusing to accommodate any employee's religious beliefs and practices.

Higgins, who became a devout Christian about four years before she was fired, was obligated to attend Sunday church services. For most of those four years, she was allowed to arrange an alternate schedule freeing her from Sunday work.

After new management took over the cafeteria, all cafeteria employees were required to work every other weekend, without exception -- including Higgins.

"Thank goodness there are people who do this and she loved her job," Lawrence said. "There was certainly a way she could keep her job and attend services every other Sunday for three hours. I'm grateful they came around. Her battle will make it easier for the next person."