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A recent federal court ruling requires that employers be even more vigilant about seemingly “casual” negative remarks in the workplace.

This case heard by the 9^th Circuit Court of Appeals underscores the fact that supervisors and even coworkers should not ask questions about or discuss an employee’s religion, national ancestry or country of origin. Nor should employers make derogatory remarks about Muslims or members of other religions, even in passing.

It also emphasizes the importance of an employer conducting anti-discrimination training for all managers, after any reported incident.

In EEOC v. Go Daddy Software Inc. the court ruled that two passing remarks, more than a year apart, by two different supervisors, were enough to show a pattern of illegal discrimination against a Muslim employee.

The Equal Employment Opportunity Commission alleged discrimination based on religion and national ancestry. Youseff Bouamama, a Muslim born in Morocco, was hired by the company in late September, 2001. In December 2001, the employee’s hiring manager overheard him speaking French to a customer. The manager quizzed the employee on his religion and birthplace. Shortly after the 911 terrorist attacks on New York, the supervisor also made comments to the effect that Muslims needed to die.

Nineteen months later, (more…)

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 (more…)