labor lawAdivision of labor law center

Employers nationwide may have to grant workers additional breaks to Muslim employees for prayer, after a recent court ruling.

 

The EEOC recently announced that Judge Jeanne J.Graham of the U.S. District Court in St. Paul, Minnesota ordered final approval of two consent decrees in religious discrimination suits.

 

One suit involved a Minnesota chicken processor, Gold’n Plump Poultry, Inc. According to the company website, Gold’n Plump was founded in 1926 by E.M. Helgeson. “Today, the company is run by his grandson and a family that includes about 1,500 people and more than 250 family farmers in Minnesota and Wisconsin—all who share the founder’s passion for quality.”

 

The other suit involved an employment agency that supplied workers for Gold’n Plump, The Work Connection.

 

Under the decree approved in the Gold’n Plump case, the employer will have to provide an additional paid break during the second half of each shift to accommodate the religious beliefs of Muslim employees who wish to pray during the workday. The exact timing of the break will vary during the year to coordinate with the timing for Muslim prayers. The new break time will apply to all employees who work in a designated portion of the plant, whether they are Muslim or not. 

 

Gold’n Plump will also provide $215,000 to a group of 128 Somali American Muslims who claim discrimination, including disciplinary actions and termination, based on religion. Payments for affected individuals range from $200 to $18,800, with the average award being about $1,000.

 

“Employers need to recognize the increasing diversity of religion in our country and provide accommodations as required by federal employment discrimination laws,” stated EEOC Acting Chairman Stuart J.Ishimaru. “Systemic cases such as these make workplaces better for many individuals.”

 

Under the second suit, The Work Connection, an employment agency, attempted to weed out Muslim applicants by requiring that they sign forms that they would not refuse to process pork products in the course of their jobs at the Gold’n Plump plants in Cold Spring, Minnesota and Arcadia, Wisconsin. Although neither plant handled pork products, the process was used to eliminate Muslim applicants who might request religious accommodation such as an additional break to pray.

 

In addition to eliminating the “pork form” The Work Connection agreed to give each of the 28 affected applicants a job in a Gold’n Plump plant.

 

EEOC Trial Attorney Nick Pladson added, “When employees identify aspects of their religious beliefs that conflict with their employment, employers must engage these workers to explore solutions. Employers who take a ‘my way or the highway’ approach to requests for religious accommodation clearly do so at their peril.”

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