Case Review: Muslim waiter sues for religious discrimination
Mamdouh Hussein, a Muslim, was a member of the Hotel, Restaurant and Club Employees and Bartenders Union Local # 6. In accordance with a collective bargaining agreement, Hussein worked as a "roll call" banquet waiter in the hotel industry. Roll call waiters are not full-time employees of a hotel, but, instead, are employed when a hotel requires additional staff for a particular event. Hotels are obligated to accept the particular roll call waiters assigned by the Union unless the hotel has provided written notice to the Union barring or suspending a particular waiter for misconduct.
Hussein joined the Union in 1983 and had been employed by many hotels in the metropolitan New York area. He had also been barred by numerous hotels and suspended by the Union for misconduct such as insubordination, unprofessional behavior, rudeness to customers, and physical altercations.
In November 1996, Hussein had a physical altercation with another roll call waiter and, as a result, was suspended by the Union. His suspension ended in April 1997, when he became eligible to resume working. Hussein, however, chose not to work again until August 1997 because he was embarrassed and upset with the Union.
Hussein showed up with a beard for an assignment at The New York Palace Hotel on November 12, 1997 and at The Pierre Hotel in New York on November 17, 1997 in violation of the Hotels' grooming requirements. This was the first time he reported to work at either Hotel unshaven. Indeed, Hussein had never had a beard before October 1997.
When asked about his beard on November 12 and 17, Hussein told hotel supervisors that he was wearing a beard because of his religion. Hussein had never before told anyone at either hotel about his religious beliefs or the need for any accommodations. Management at both hotels would not let Hussein work at the assigned events with a beard.
At the Pierre, the catering sales manager directed Hussein to the director or assistant director of human resources, the people authorized to decide whether he could continue working that day with a beard. At that point, however, Hussein left the Pierre, never reporting to the human resources department.
Hussein remained unshaven for three months, at most. He shaved his beard in the beginning of January, 1998.
Hussein filed a religious discrimination lawsuit against The Pierre Hotel, The New York Palace Hotel, the Union, and Peter Ward, business manager of the Union. On April 20, 2001 the district court dismissed Hussein's case. Here, in part, is what the court said:
"The undisputed evidence shows that, until the nights of the incidents in question, Hussein had never worn a beard to work at either Hotel -- in some 14 years. Nor had he ever mentioned his religion to anyone at the Hotels prior to the nights in question......Hussein has made no effort to explain why, if his religion prevented him from shaving, he had never worn a beard before. He does not contend, for example, that he had just converted to his religion. Finally, within three months, he shaved his beard, an undisputed fact that also undercuts his claim of religious necessity."
Source: Hussein v. Pierre Hotel, 2001 U.S. Dist. LEXIS 4859
(United States District Court For The Southern District Of New York)
(April 20, 2001)
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