U. of Phoenix faces EEOC bias lawsuit

A federal lawsuit filed in Arizona on Wednesday accuses the University of Phoenix of illegal religious discrimination against at least four employees who are not members of The Church of Jesus Christ of Latter-day Saints.

The suit, filed by the U.S. Equal Employment Opportunity Commission in federal court in Phoenix, also alleges that three were transferred after complaining and one ultimately was fired.

The suit alleges that the private, for-profit college discriminated against a class of non-LDS employees. It claims that the university discriminated against Robert Lein, William Davis, Harry Hamilton and Darry Thornton, plus a class of individuals, based on their religion "by treating them less favorably with regard to terms and conditions of employment including distribution of enrollment leads, granting of tuition waivers and/or reprimands."

The suit says the university transferred Lein, Hamilton and Thornton and fired Lein "based on their religion, non-LDS," or in retaliation for their complaints about discrimination.

"All employees have the right to work in a workplace where religious beliefs are not considered by their employers in making business decisions," Mary Jo O'Neill, regional attorney for the Phoenix district office of the EEOC, said in a prepared statement. "Religious discrimination violates Title VII of the Civil Rights Act of 1964, when employers treat employees differently because of their religious beliefs and practices."

The university released a statement Wednesday saying it had not yet been officially served with the suit, "so it is difficult to comment without knowing the particulars of the case."

"We employ over 15,000 people, and we have always been guided by the principle of equal opportunity and respect for others. We are committed to the principles of tolerance and respect, fair treatment, equal access and consideration and recognition for contributions. We maintain a strict anti-discrimination and anti-harassment policy and take a zero-tolerance stance on these issues," the statement said.

The university's director of public relations, Joe Cockrell, declined further comment.

The EEOC is seeking unspecified amounts of back pay with interest, plus front pay for and/or reinstatement of Lein, and punitive and other damages of unspecified amounts. It seeks a permanent injunction from religious discrimination and retaliation for opposing the unlawful employment practices. It also wants the implementation of policies, practices and programs providing equal employment opportunities for non-LDS people.

The suit said the alleged discriminatory practices date back to August 2001 and that Lein was fired in September 2004.

In a statement released Wednesday, the EEOC said it filed the suit after trying to reach a voluntary prelitigation settlement.

The University of Phoenix has 323,000 students, most of them working adults in their 30s, at campuses in 39 states and through online programs. Its parent company, Apollo Group Inc., had $2.3 billion in revenue last year.

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Contributing: Associated Press

E-mail: bwallace@desnews.com