An assistant supervisor at a Chipotle restaurant in Kansas pulled off an worker’s hijab, in keeping with a federal lawsuit that incorporates allegations of spiritual harassment {that a} federal official described as “fairly egregious.”
The supervisor, Kevin Silva Garcia, harassed a Muslim worker, Areej Saifan, a number of occasions in 2021 by asking to see her hair, in keeping with the lawsuit, which was filed on Wednesday by the Equal Employment Alternative Fee.
Ms. Saifan, who was 19 on the time, defined that eradicating her hijab could be akin to eradicating her clothes, in keeping with the grievance.
But the supervisor endured till sooner or later he “reached out, grabbed her hijab,” a head overlaying worn in public by some Muslim ladies for cultural or non secular causes, and “yanked,” in keeping with the grievance. Her hair was uncovered, and solely the pins holding the hijab in place saved it from falling to the bottom, court docket papers stated.
Mr. Garcia’s actions on the Lenexa, Kan., restaurant “created a hostile working surroundings primarily based on faith,” the grievance says.
The swimsuit, which was filed within the U.S. District Courtroom for the District of Kansas, cites illegal harassment, retaliation and constructive discharge, a situation by which an employer creates a piece surroundings so insupportable that an worker is pressured to resign.
“The character of those allegations in Ms. Saifan’s case caught our consideration,” Joshua M. Pierson, supervisory trial legal professional on the E.E.O.C., stated. “They had been fairly egregious.”
Laurie Schalow, the chief company affairs and meals security officer for Chipotle, stated in a press release that the corporate had a “zero tolerance coverage” for discrimination of any type and “terminated the worker in query.”
“We encourage our workers to contact us instantly, together with by way of an nameless 800 quantity, with any considerations so we are able to examine and reply shortly to make issues proper,” she stated.
Ms. Saifan complained to Kim Benavente-Fernandez, a shift supervisor, about Mr. Garcia’s habits. On not less than one event, Ms. Benavente-Fernandez instructed Mr. Garcia to cease asking to see Ms. Saifan’s hair however took no additional motion, the lawsuit stated.
Mr. Garcia and Ms. Benavente-Fernandez couldn’t be instantly reached for touch upon Sunday.
Ms. Saifan additionally reported what occurred to a subject supervisor and a retailer supervisor, in keeping with the grievance, though the timeline was unclear.
A day after the hijab episode, Ms. Saifan gave her two weeks’ discover as “a results of Garcia’s threats and administration’s repeated failures to handle the harassment,” in keeping with court docket paperwork.
Throughout that two weeks, Chipotle didn’t assign her any shifts, which was atypical of the corporate’s follow, the grievance stated.
The shop supervisor contacted Ms. Saifan to ask if she wish to switch to a unique location as a approach to preserve her job, in keeping with court docket information.
Ten days after Ms. Saifan resigned, Chipotle terminated Mr. Garcia. Chipotle didn’t terminate him due to his conduct towards Ms. Saifan, in keeping with the grievance.
As an alternative, in keeping with court docket papers, he was fired for violating firm coverage for partaking in a consensual romantic relationship with Ms. Benavente-Fernandez.
