Claim of job interview question about religion leads to lawsuit

At a job interview with online survey company Questback, Jason Burch said, the CEO noted that Burch was from Texas and asked if he was religious. When Burch said yes, the CEO asked if he would mind working for a bunch of atheists.

Burch got the job as senior account executive at Norwaybased Questback, which has an office in The Woodlands. But, he alleged in a lawsuit filed this week in state district court in Harris County, he was fired five months later after he threatened to file a religious discrimination and retaliation complaint with the U.S. Equal Employment Opportunity Commission.

Andrew Reed, a Houston lawyer representing Burch, said his client was stunned by the interview question about religion.

“But he felt like he had to answer because his future boss was asking,” Reed said.

Questback spokeswoman Roslyn Sakaguchi said in an email that the company has no knowledge of any lawsuit and that it is a “completely unfounded claim.”

Questback measures customer and employee feedback to build loyalty, improve service and boost engagement. Questback was founded 17 years ago and has more than 5,000 clients, according to the company.

Burch was interviewed online by Questback global CEO Frank Mollerop in April 2016, according to the lawsuit. During the interview, the lawsuit alleges, Mollerop asked: “Jason, you’re from Texas, so I have to ask. Are you religious? Or words to that effect.”

Burch, who lives in Montgomery County, said he responded by saying that he goes to church

and believes in God.

“Mollerop then stated he wanted to make sure it would not bother Burch that the company leadership was primarily comprised of Norwegians, 80 percent of whom are atheists,” according to court records. Mollerop told Burch he was asking because Burch “would need to be OK with being told when he ‘( messed) up’ and that Bur ch needed to tell any recruiters that reached out to him to ‘( back) off. I’m with Quest back ,’” according to the suit.

Burch, 39, accepted a job offer to develop and run the company’s health care business. Soon after he was hired, Burch was introduced to his new co-workers by Questback President Carol Lee Andersen.

According to Burch’s lawsuit, Andersen noted during the meeting that the company had to hire Burch because the CEO asked about his religion during the job interview. She also told the other employees that she counseled the CEO that he couldn’t say “such discriminatory things in America,” according to the court records.

On Sept. 9, Burch emailed Andersen and others about religious discrimination and retaliation, “born from refusal to deny faith during the interview process.” He said that since the company had not effectively addressed the matter internally, he had begun the process of filing a formal complaint with the EEOC. On Sept. 13 Burch was terminated.

Burch is alleging that Questback violated antidiscrimination and retaliation provisions of the Texas Commission on Human Rights. He is seeking damages including lost wages, mental anguish and legal fees.