TEXAS — The Department of Justice is suing the Texas Department of Criminal Justice for religious discrimination, alleging that an employee was denied a request to wear a head covering as part of her religious practices, according to a press release.

The lawsuit, filed Friday, alleges that Franches Spears was ultimately fired after being placed on administrative leave without pay for not removing her head covering. Spears worked as a non-uniformed clerk at the Pam Lychner State Jail in Humble, just north of Houston, according to the complaint.

“Employers cannot require employees to forfeit their religious beliefs or improperly question the sincerity of those beliefs,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.

“This lawsuit is a reminder to all employers of their clear legal obligation to offer reasonable religious accommodations. In our country, employers cannot force an employee to choose between their faith and their job,” said Clarke.

Spears began wearing her head covering in 2019, and did so for a month without incident, according to the complaint. Spears’ head covering is a part of her Ifa religious beliefs and practices.

The complaint alleges when reprimanded and sent to HR, Spears was told her head covering violated TDCJ’s business-casual uniform and grooming standards for non-uniformed employees. But Spears, a non-uniformed employee, was not out of dress code according to TDCJ’s dress code policy that does not prohibit any headwear for non-uniformed employees.

The complaint also alleges Spears explained her religious needs to Elizabeth Fisk, a human resources employee, and Fisk reportedly replied, “Basically you just pray to a rock.”

The DOJ says that TDCJ’s refusal to accommodate Spears’ religious practice violated Title VII of the Civil Rights Act of 1964. The current lawsuit seeks to require TDCJ to implement lawful religious accommodation policies and compensate Spears for lost wages and other damages.

“Religious discrimination in the workplace will not be tolerated in our district,” said U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas. “TDCJ, like any other employer, must reasonably accommodate employees under Title VII of the Civil Rights Act of 1964.”