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Lawsuit Claims Chipotle Manager Removed Muslim Employee’s Hijab

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A lawsuit filed by the Equal Employment Opportunity Commission (EEOC) claims an assistant manager at a Chipotle outlet in Kansas forcibly removed a Muslim employee's hijab.

The federal official described the allegations as "highly severe."

The lawsuit claims manager Kevin Silva Garcia repeatedly harassed Areej Saifan, a Muslim employee, in 2021 by requesting to see her hair.

READ MORE: Chipotle Reaches $20 Million Settlement Over Violation Of Worker’s Laws – The Biggest In The City’s History

Ms. Saifan, 19 at the time, said taking off her hijab would be comparable to undressing.

The suit alleges Garcia grabbed and pulled her hijab, exposing her hair.

The hijab itself remained intact only due to the pins holding it.

Behavior created "religiously hostile work environment"

The incident, which took place at the Lenexa, Kansas Chipotle, resulted in a "religiously hostile work environment," according to the lawsuit.

The legal action, filed in the U.S. District Court for the District of Kansas, accuses the company of unlawful harassment, retaliation, and constructive discharge, where an employer's actions make the work environment unbearable, forcing an employee to quit.

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Joshua M. Pierson, a supervisory trial attorney at the EEOC, said the allegations were "highly severe."

Laurie Schalow, Chipotle's chief corporate affairs and food safety officer, responded by emphasizing the company's "strict no-discrimination policy" and confirmed the termination of the employee involved.

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She encouraged employees to report any concerns for prompt investigation and resolution.

Ms. Saifan reported Garcia's behavior to shift manager Kim Benavente-Fernandez.

Although Benavente-Fernandez once told Garcia to refrain from such requests, no further action was taken.

Both Garcia and Benavente-Fernandez were unavailable for comments.

Following the hijab incident, Ms. Saifan handed in her two-week notice, citing Garcia's threats and management's inaction.

The lawsuit claims during her notice period, Chipotle did not allocate her any shifts, which was unusual.

The store manager later approached Ms. Saifan with a transfer offer to retain her.

Ten days after post Ms. Saifan's resignation, Garcia was fired.

However, the lawsuit states his termination was not due to his behavior towards Ms. Saifan but for breaching company policy by having a consensual romantic relationship with Benavente-Fernandez.

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