A former Bexar County deputy settled his religious discrimination claim against Bexar County for $300,000. Luis R. Borges applied to be a deputy at the Bexar County jail. When a deputy came to his house as part of a routine check, the deputy found at Mr. Borges’ home a Santa Muerte altar. Mr. Borges had been offered a position at that point. But, the offer was rescinded several days after the discovery. Mr. Borges’ wife worships Santa Muerte. Santa Muerte (Saint Death) is worshiped by persons who seek his protection. Many drug cartel members worship Santa Muerte. Borges was told that the Bexar County Sheriff Javier Salazar himself made the decision to rescind the job offer.
Mr. Borges is a practicing Roman Catholic, but his wife prays to Santa Muerte. Mr. Borges filed a complaint of religious discrimination with the Equal Employment Opportunity Commission. The EEOC found that he was indeed discriminated against on the basis of his association with his wife’s religion. Borges then filed suit not under Title VII, but under 42 U.S.C. §1983. It was filed under Borges v. Bexar County, Texas, No. 24-CV-1233 (W.D. Tex.).
Sec. 1983 is a post-Civil war statute that prohibits discrimination. It also incorporates First Amendment protections in regard to acts committed by state and local governments. Unlike Title VII, there is no cap on the amount of damages that can be awarded under Sec. 1983.
Official Policy
Apparently as part of the normal discovery process, Sheriff Salazar conceded that some who worship Saint Death are not members of a drug cartel. The Sheriff’s office moved for dismissal, arguing that Title VII provided the exclusive remedy for religious discrimination. But, the court made short work of that argument. Sec. 1983 is the vehicle for protection under the First and Fourteenth Amendments. The First Amendment certainly protects a person from discrimination based on his/her religion.
The Defendant’s other argument was the normal governmental immunity defense. But, the court found there was sufficient evidence that Sheriff Salazar and the Bexar County Sheriff’s office had a policy of not hiring persons associated with the Santa Muerte religion. The Bexar County Sheriff’s Office recruiter flat told Mr. Borges that Sheriff Salazar himself had decided to rescind the job offer based on his wife’s religion.
See San Antonio Express-News report here.