People spend decades building a nest egg only to find out that Uncle Sam and government agencies often grab their share from retirees’ wallets. PennyGem’s Johana Restrepo has more.
In February, the U.S. District Court for the Western District of Michigan refused to dismiss a federal lawsuit brought against an employer who allegedly declined to accommodate an employee who wouldn’t use a co-worker’s chosen pronouns due to a declared religious conflict.
The plaintiff, Denise Haskins, worked for Bio Blood Components until February 2021. Her job required her to “routinely interact” with another employee, referred to as “RS” in the case. Haskins and RS knew each other for several years. In February 2021, RS, who was born female, told co-workers that he identifies as a man and wanted to be referred to by his male pronouns.
Haskins is a “believing Christian” who “sincerely believes that she cannot live a lie and remain within the truth,” according to the case. The lawsuit further alleges that Haskins believes that “living a lie and being forced to repeat that lie out loud with her own lips is a significant violation of her right to practice her religion.” This religious belief resulted in Haskins refusing to use male pronouns when referring to RS.
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Haskins was notified that RS, who felt bullied or harassed, filed a complaint against Haskins, although the specific conduct by Haskins supporting those allegations is unclear. Haskins responded to the complaint that she had a right to free speech and “could not have her speech compelled to tell a lie because she was a believing Christian who will not live a lie.” Haskins alleges she asked for a “religious accommodation,” but the employer denied that request “without any consideration” and asked Haskins to write a letter of resignation. After Haskins refused to resign, the employer terminated her employment.
Haskins alleged the employer refused to accommodate her religion under Title VII of the Civil Rights Act. The employer moved to dismiss the case as not stating a legal claim.
Haskins alleged she has a religious belief that conflicted with her employer’s requirement that she use her co-worker’s preferred gender pronouns. She also alleged that she informed her employer of this conflict and that her employer terminated her without offering any accommodation.
The employer responded that it could not reasonably accommodate Haskins’ beliefs without suffering an undue hardship because allowing Haskins to continue working for the employer while refusing to refer to her co-workers by their preferred pronouns would expose it to liability under Title VII.
Specifically, the employer argued that using improper pronouns to refer to RS or other transgender employees would amount to unlawful harassment under Title VII, citing the Equal Employment Opportunity Commission, which has written that “intentionally and repeatedly using the wrong name and pronouns to refer to a transgender employee could contribute to an unlawful hostile work environment.”
In refusing to dismiss the case, the court held, “At this stage, however, it is not clear whether and to what extent [Haskins] used, or intended to use, any pronouns when referring to RS. [Haskins] does not describe the details of RS’s complaint about her. Moreover, individuals working directly with one another generally use names rather than pronouns. As such, the court cannot assess the nature of the hardship.”
In her complaint, Haskins alleged that her employer could have allowed her to “simply tell [RS] the truth . . . that she- he- cannot change the work of the Lord to suit a personal whim or accommodate a mental illness or belief system.” The court held that “telling RS that his gender identity is a personal whim or a mental illness might qualify as harassment under Title VII, and allowing Plaintiff to do this likely would not be a reasonable accommodation even if it did not violate Title VII. However, Plaintiff alleges other possible accommodations in her complaint, including transfer to another work location.” While the employer claimed this accommodation was not reasonable, the court determined that a jury should make that determination.
The case will now proceed to trial to determine whether the employer could provide a reasonable accommodation without an undue hardship.
This case is an important reminder to employers about their legal obligations and sometimes seemingly conflicting ones. Employers cannot simply ignore an employee’s request for a reasonable accommodation based on religion, even if the employer disagrees with the employee’s religious beliefs or if the accommodation might require some creativity to protect the interests of both employees.
The sincerity of the religious belief should not generally be questioned. Employers should focus on whether there is a reasonable accommodation by engaging in the interactive process, and then determining an accommodation that will not cause an undue burden – which is currently defined as more than a “de minimis” cost.
The U.S. Supreme Court has recently agreed to hear a case regarding religious accommodations to determine whether the current undue hardship standard should be upheld, which is a lower standard than the burden applied under the Americans with Disabilities Act.
Richmond-area business expansions, openings and closings
Rockler Woodworking and Hardware

Storefront for a Rockler Woodworking and Hardware location. The brand is opening a new store in Short Pump by the end of March 2023.
Boiling Crab Richmond

The Boiling Crab Richmond was scheduled to open at 2053 W. Broad St., Richmond, in March 2023. The Orange County, California-based chain has 25 locations in the U.S., as well as Australia, China, and Saudi Arabia. The Richmond location was previously Cornerstone Cigar Bar.
Diablo Doughnuts RVA

Diablo Doughnuts RVA, located at 1090 Virginia Center Parkway, Suite 105, in Glen Allen, hosted its grand opening Feb. 11.
Blue Cow Ice Cream Co.

Blue Cow Ice Cream Co. is opening its second Richmond-area location in Short Pump in the Greengate Shopping Center, 12171-C W. Broad St.
Suzy Sno

Suzy Sno's new location will be in Carytown at 3423 W. Cary St.
The Brass Tap

The Brass Tap Libbie Mill in Richmond, VA on February 21, 2023. The restaurant with 60 beers on tap is now open. EVA RUSSO/TIMES-DISPATCH
Graybo's Sports Cards

Graybo's Sports Cards has opened at 214 E. Grace St. in Richmond. The business sells baseball, football and basketball cards.
Blue Ridge Cyclery

Full-service bike store Blue Ridge Cyclery to open at Libbie Mill-Midtown
BigWife's

BigWife’s Mac n’ Cheese brick-and-mortar shop is now open at 1017A N. Arthur Ashe Boulevard in Scott's Addition.
Jeni's Splendid Ice Creams

Jeni’s Ice Cream is seen on Wednesday in Carytown at 3500 W. Cary St. in Richmond.
CarLotz

The CarLotz brand is exiting the Richmond area. The remaining CarLotz locations will be rebranded as Shift.
Acacia Midtown

Acacia Midtown, from restaurateurs Dale and Aline Reitzer, is now open and serving a limited menu at Libbie Mill Mid-town.
Zoom Room Richmond

Zoom Room has opened its first Richmond area franchise 3450 B Lauderdale Drive in Short Pump.
Torchy's Tacos

Torchy’s Tacos has opened two fast-casual restaurants in the Richmond area: one in Short Pump and the second in Carytown. A third is on the way for Chesterfield.
Planet Fitness

A Planet Fitness location is expected to open this winter at Stony Point Village shopping center in Richmond.
Raising Cane’s Chicken Fingers

The fast-food restaurant chain Raising Cane’s Chicken Fingers is planning to open two Richmond-area locations in fall 2022.
Locations are planned at 12721 Jefferson Davis Highway in Chester and 1321 Huguenot Road in Midlothian. The company currently has a location at 805 W. Grace St. in Richmond.
The Baton Rouge, Louisiana-based company has nearly 700 locations in 35 states and Guam. The chain was founded in 1996.
— Sept. 1, 2022
Three Notch'd Brewing

Three Notch’d Brewing has expanded its Scott’s Addition location at 2930 W. Broad St. The group acquired a former wine shop on Broad Street and pizza kitchen next door, which will be combined. Muralist Nico Cathcart was hired to design and paint two new pieces inside the space.
Three Notch’d, founded in 2013, operates five venues throughout Virginia.
— August 2022
Retail or Resell

Footwear business Retail or Resell has signed a lease in Short Pump’s Towne Center West Shopping Center.
— Aug. 9, 2022
Marshalls

A Marshalls location is planned in Staples Mill Square at 9041 Staples Mill Road in Henrico.
The chain dates to 1956 and includes more than 1,000 stores. — July 21, 2022
Raising Cane's

Raising Cane's is planning a location in the 6900 block of Lake Harbor Drive in Chesterfield County, Cushman & Wakefield | Thalhimer announced.
The office represented the company in the sale.
Founded by Todd Graves in 1996, Raising Cane’s Chicken Fingers has more than 530 restaurants in 28 states and other countries.
The 1.9-acre Chesterfield plot sold for $2.5 million. A 2023 opening is planned.
— June 22, 2022
My Favorite Muffin

My Favorite Muffin has opened at 10174 W. Broad St. in Glen Allen. The local owners/operators are Sam and Suzanne Makarem. — June 7, 2022
Mattress King

After more than 40 years of carrying the moniker of Mattress King, business owner Anil “Neil” Gulati, 72, said he’s ready to retire this year. Read more here.
The Mill on MacArthur

The Mill on MacArthur is closing. Its last day of service will be Sunday, Feb. 26.
Karen Michael is an attorney and the president of Richmond-based Karen Michael PLC and author of “Stay Hired.” She can be reached at stayhired@stayhired.net.