In Equal Employment Opportunity Commission v. Consol Energy, Inc., a jury found that Consol Energy, Inc., violated Title VII of the Civil Rights Act of 1964 (Title VII) by constructively discharging Beverly Butcher, Jr., after he requested a religious accommodation related to his use of Consol’s new biometric scanning technology. Consol filed post-verdict motions, all of which were denied, then appealed to the U.S. Circuit Court of Appeals for the Fourth Circuit. The Fourth Circuit found in favor of Butcher, finding no fault in the logic or judgment of either the jury or the West Virginia district court.
Butcher worked for Consol for almost 40 years before the company implemented a biometric hand scanner, intended to help the company more efficiently track its employees’ hours worked. Butcher, who is a devout evangelical Christian, was uncomfortable with the new system because he subscribes to a literal interpretation of the authority of biblical scriptures. Butcher explained to Consol that his adherence to the Book of Revelation’s verses regarding the “Mark of the Beast” prohibits him from using a biometric hand scanner because—although the scanner does not imprint any physical mark on the individual using it—using the scanner would nonetheless mark Butcher as a supporter of the Antichrist. Butcher requested a religious accommodation from Consol after the system was implemented, writing a detailed letter that cited Bible verses and explained why he was not comfortable using the scanner. Consol refused Butcher’s request and required him to obtain a letter from his church supporting the requested accommodation.