Professional Documents
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Like many
employees of faith, Robinson and Scruggs seek to take time off without pay for religious
observances. However, since 2013 General Motors has changed its practice and begun denying
such leave requests. This denial occurs despite the availability of volunteer replacements and
less than de minimus cost to General Motors. The actions of General Motors violate Title VII of
the Civil Rights Act of 1964.
Robinson and Scruggs notified General Motors of its violation, filed charges of
discrimination with the EEOC, and availed themselves and General Motors of the EEOCs
administrative process. General Motors failed to resolve the matter, necessitating this action.
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I.
PARTIES
1.
Plaintiff, James Robinson, III, is an individual who resides in Van Zandt County,
2.
3.
Texas.
of Texas. On information and belief, General Motors Company is one of the largest corporations
in the world and employs over 212,000 individuals.
4.
Collectively General Motors Company and General Motors, LLC are referred to
II.
JURISDICTION AND VENUE
6.
Tarrant County, Texas, at its Arlington Assembly Plant. An exercise of jurisdiction will not
Subject matter jurisdiction is proper because this case asserts claims for violations
of 42 U.S.C. 2000e-2, also known as Title VII of the Civil Rights Act of 1964, a federal law
that provides for federal jurisdiction pursuant to 42 U.S.C. 2000e-5(f)(3) and 28 U.S.C. 1331.
8.
Venue is appropriate in the Northern District of Texas because the acts giving rise
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III.
FACTS
A.
MR. ROBINSON
9.
Mr. Robinson began working for General Motors on or about January 10, 2000.
10.
11.
Mr. Robinson has always given his best efforts to the position.
12.
In fact, Mr. Robinson has always received high praises and performance-based
15.
Mr. Robinson and Tyler Sabbath obverse Sabbath worship services on Saturdays
Texas.
As a part of Mr. Robinsons sincerely held religious beliefs, Mr. Robinson cannot
Mr. Robinson began requesting accommodation for his religious beliefs in 2008.
19.
Up until recently, Mr. Robinsons requests were granted without issue or concern.
20.
Specifically, Mr. Robinson was permitted to take off from work on holy days
On or about February 20, 2013, Mr. Robinson submitted his request for
accommodation for the holy days in 2013, as he had done in past years.
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22.
23.
However, Mr. Robinson never heard anything regarding his February 20, 2013,
request.
24.
Mr. Atkins instructed Mr. Robinson to contact Brian Kole, Labor Relations
Manager.
26.
On or about April 8, 2013, Mr. Robinson met with Mr. Kole and asked him about
Mr. Kole stated the answer to Mr. Robinsons request was no.
28.
Mr. Kole did not provide any reason for the sudden change in policy and General
That same day, Mr. Kole sent a confirmation email denying Mr. Robinsons
31.
On April 16, 2013, Mr. Robinson met with Bill Crone, Personnel Director,
regarding his concerns about the denial of his religious accommodation request.
32.
Mr. Robinson complained that his accommodation requests were suddenly being
denied after they had been granted for the previous five (5) years.
33.
Mr. Crone stated he would look into the matter and get back to Mr. Robinson.
34.
On Friday, April 19, 2013, Mr. Crone told Mr. Robinson he had reviewed the
35.
Mr. Crone stated he believed allowing Mr. Robinson to take off Saturdays was a
sufficient enough religious accommodation, and that General Motors was not required to provide
any further accommodation for holy days.
36.
Further, the cost of allowing Mr. Robinson to take unpaid leave is less than de
minimus.
B.
MR. SCRUGGS
38.
Mr. Scruggs has been employed by General Motors since 2000 as an Electrician
Mr. Scruggs identifies as a Messianic Jew and is a member of the Beth Yeshua
Beth Yeshua recognizes certain holy days designated throughout the year.
41.
As part of Mr. Scruggss sincerely held religious belief, he cannot work on these
holy days.
42.
Importantly, Mr. Scruggs cannot receive pay, including pay from paid time off, on
45.
times.
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46.
In April 2009, Mr. Scruggs met with Mr. Kole regarding his religious
accommodation requests.
47.
When Mr. Scruggs met with Mr. Kole and asked why he was rejecting Mr.
Scruggss religious accommodation requests, Mr. Kole responded, What are you, anyway?
referring to what religion Mr. Scruggs identifies with.
48.
Though made uncomfortable by Mr. Koles behavior, Mr. Scruggs told Mr. Kole
Mr. Kole disapproved of Mr. Scruggss religious beliefs because they differed
Mr. Scruggs again asked to be told exactly what he needed to provide to General
Mr. Kole made a list of things he would need, all of which Mr. Scruggs had
already provided.
53.
and he was permitted to take off of work on holy days without pay and without using any
accrued leave.
55.
In or around Spring of 2013, Mr. Scruggs learned from Mr. Robinson that General
Motors no longer permitted Mr. Robinson to observe holy days in the manner that Mr. Scruggs
had been permitted.
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56.
Mr. Scruggs discussed the issue with Mr. Robinson, and Mr. Scruggs was named
Immediately after receiving the letter, General Motors removed Mr. Scruggss
religious accommodations.
58.
Milton Lopez, Mr. Scruggss supervisor, instructed Mr. Scruggs to bring his
61.
Mr. Scruggs met with Mr. Kole and Eileen Polito, Committee Person.
62.
Mr. Kole told Mr. Scruggs that taking off holy days without pay had never been
approved and that the only days that had been approved were Sabbath days.
63.
This is simply untrue, as General Motors had approved all of Mr. Scruggss
Mr. Kole told Mr. Scruggs he would have to use vacation time to take off holy
Since then, Mr. Scruggs can only observe holy days if he has vacation time
available and if there are not too many other employees already taking off on that day.
66.
Furthermore, General Motors requires Mr. Scruggs to receive pay on these days
67.
off.
religious beliefs.
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68.
Although volunteers were readily available to cover Mr. Scruggs shifts, General
Further, the cost of allowing Mr. Scruggs to take unpaid leave is less than de
minimus.
IV.
CLASS ACTION ALLEGATIONS
70.
reasonable religious accommodation to Mr. Robinson, Mr. Scruggs, and similarly situated
employees.
71.
Specifically, on certain holy days, Mr. Robinson, Mr. Scruggs, and similarly
situated employees believe that they (1) cannot perform work, and (2) cannot receive
compensation.
72.
Tyler Sabbath Fellowship, and Mr. Scruggs, a Messianic Jew of the Beth Yeshua Congregation.
This belief is also sincerely held by similarly situated employees in these and other religions that
profess (1) no work, and (2) no compensation on certain holy days.
73.
General Motors actions violate Title VII of the Civil Rights Act of 1964.
74.
All conditions precedent to the bringing of this action have been satisfied or
fulfilled.
75.
Because of the actions of the Defendant, Plaintiffs, and those similarly situated,
have suffered damages within the jurisdictional limits of this Court and require injunctive relief.
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V.
INDIVIDUAL ALLEGATIONS
76.
77.
sadness, and embarrassment. General Motors made Scruggs and Robinson feel inferior and
different because of their beliefs.
78.
CLASS RELIEF
79.
injunction ordering General Motors to allow Plaintiffs and those similarly situated to take unpaid
leave on holy days in accordance with their sincerely held religious beliefs.
Further, the
injunction should require General Motors to inquire about the availability of volunteers to cover
requests for religious leave. Further, the injunction should require General Motors to seek nocost methods of allowing Plaintiffs and those similarly situated to take unpaid leave for religious
purposes.
B.
80.
81.
INDIVIDUAL RELIEF
82.
Plaintiffs seek any lost wages and economic damages, including incidental and
consequential damages.
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83.
Plaintiffs seeks punitive damages to the extent Defendant acted with malice or
Plaintiffs seek pre and post judgment interest at the maximum rate allowed by
86.
law.
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