An assistant manager at a Chipotle restaurant in Kansas is accused of forcefully removing a Muslim teen worker’s hijab after she refused to show him her hair, according to a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The incident is being described as religious harassment and retaliation. The EEOC is seeking monetary relief for the victim and an order to prevent future religious discrimination.
The lawsuit alleges that Kevin Silva Garcia, an assistant manager at a Chipotle location in Lenexa, repeatedly asked Areej Saifan, a line-worker wearing a hijab, to show him her hair. Saifan refused and asked him to leave her alone, but Garcia persisted, demanding to see her hair approximately 10 to 15 times over the course of a month. Saifan complained to management, but Chipotle took no action to stop the harassment. Eventually, Garcia grabbed and removed Saifan’s hijab from her head.
Due to the alleged incident and Chipotle’s failure to address the harassment, Saifan resigned by submitting a two weeks’ notice. However, she was not scheduled for any shifts during her notice period, unlike other non-Muslim employees who had also given their two weeks’ notice.
Chipotle claims to have a zero-tolerance policy for discrimination and has terminated Garcia. However, the lawsuit argues that Garcia was actually fired because he was in a romantic relationship with his supervisor, not solely due to the harassment allegations.
The EEOC also accuses Chipotle of “constructively discharging” Saifan, creating a hostile work environment that left her with no choice but to resign. The lawsuit seeks compensation for lost wages and nonpecuniary damages, including emotional distress, pain and suffering, anxiety, and humiliation.
The EEOC emphasizes that individuals should not have to choose between their religious beliefs and their jobs and that federal law protects workers from harassment and retaliation based on their religious practices. Chipotle’s failure to address the harassment of employees expressing their religious beliefs through modest clothing or head coverings is condemned by the EEOC.
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