Equal Employment Opportunity Commission v.
WC&M Enterprises, Inc.
496 F.3d 393 (5th Cri. 2007)
EEOC v. WC&M Enterprises, Inc., 496 F.3d 393 (5th Cir. August 10, 2007) Facts: This is a Title VII action alleging harassment based on national origin and religion. The facts are set forth in the light most favorable to Rafiq. On May 11, 2001, Mohommed Rafiq was hired as a car salesman. Rafiq was born in India and is a practicing Muslim. The alleged harassment began on September 11, 2001. When he arrived for work that afternoon, his co-workers were watching news coverage of the terrorist attacks and one of them asked him in a mocking way, "Where have you been?", as if to infer that he had participated in the attacks. After the United States took military action in Afghanistan, two of his co-workers began calling him "Taliban" multiple times per day. Also, Rafiq's direct supervisor called him "Taliban" on four or five occasions. Rafiq repeatedly asked his co-workers to stop calling him "Taliban," to no avail. He also complained to supervisors without any real success. Rafiq also alleges that he was ridiculed in other ways. A co-worker asked: "Why don't you just go back to where you came from since you believe what you believe?" Also, two co-workers mocked his religious dietary restrictions and his need to pray during the workday. They also referred to him as "Arab" even though he told them on numerous occasions that he was from India. Also, a co-worker played a "Taliban" joke over the speaker on the sales floor. Rafiq alleges that this harassment continued until the end of his employment. On October 16, 2002, Rafiq got into a dispute with his supervisor, Jerry Swigart, after Swigart told him that it was mandatory for all employees to attend a United Way meeting. When Rafiq questioned him on the connection between the meeting and his job, Swigart allegedly said: "This is America. That's the way things work over here. This is not the Islamic country where you come...
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