Can this US company ban Muslim prayer breaks? They just did.
A Wisconsin manufacturing plant is telling Muslim employees they can't leave the assembly line to pray. While the company claims "undue hardship" from prayer breaks, Muslim employees and advocates say there was never a problem.
A Wisconsin manufacturing plant is telling Muslim employees they can't leave the assembly line to pray. While the company claims "undue hardship" from prayer breaks, Muslim employees and advocates say there was never a problem.
Muslim employees can only leave work to pray during meal breaks, according to a new policy imposed at Ariens Manufacturing in Brillion, Wisc.
鈥淚t is absolutely聽discrimination on its face,鈥 employee Adan Hurr told WBAY News. 鈥淎llow me to pray so that I can go back to work and do what I love to do, which is working for Ariens. But we are not allowed to do that.鈥澛
Islamic faith requires Muslims to pray five times a day. Until the new policy was announced Thursday, Muslim employees at Ariens were permitted to leave their station at the production line to pray twice during their shifts. While practicing the five-minute prayer, the Muslim employees would allocate their duties amongst coworkers.聽
The policy change affects 53 workers, and only ten of these employees have indiciated that they would like to continue working at Ariens under the new policy.聽
鈥淲e pray by the time,鈥 a former Ariens employee Ibrahim Mehemmed told WBAY. 鈥淪o they say, 鈥業f you don鈥檛 pray at the break time,鈥 they give us this [unemployment] paper to just leave.鈥澛
Advocates say employees at the company, which makes lawn mowers and snow blowers, and is located about 25 miles south of Green Bay, are being forced to quit.
The Equal Employment Opportunity Commission聽(EEOC)聽states that employers do not have to accommodate a religious practice if it causes聽鈥渦ndue hardship鈥 to the company聽by decreasing 鈥渨orkplace efficiency."聽
"Unless they can prove 'undue hardship,' and that is definitely what is at the heart of the matter," then the policy change is illegal, Center for American-Islamic Relations (CAIR) National Communications Director Ibrahim Hooper聽tells 海角大神 in a phone interview Monday. "What one company thinks is an undue hardship is not actually. It is always a matter of debate and compromise."聽Mr. Hooper notes that federal law requires employers to offer 鈥渞easonable religious accommodations鈥 to workers of all faith.聽
But Ariens has thus far stood by their policy change.聽
鈥淲e are open to any of the employees returning to work under the new policy or will look for openings in shifts that do not coincide with prayer time,鈥 the company said in a statement. 鈥淲e respect their faith, and we respect their decision regardless of their choice to return to work or not.鈥澛
Hooper says that Ariens' claims of "undue hardship" accusations are unfounded.
"In this case, it seemed that things were going well. Ariens obviously had Muslim employees that were taking their prayer breaks and operating efficiently. What changed?" asks Hooper. Regardless of Ariens' reasons for the policy change, Hooper feels it wasn't urgent enough to leave almost 50 employees without a job.
"While we're working this out, let's go back to your original policy that seemed to work and then we can talk about some resolution that meets the needs of all parties," says Hooper.
Some fear Arien鈥檚 policy may cause a mass exodus by Green Bay鈥檚 Muslims.聽
鈥淚f someone tells you, 鈥榶ou pray on your break,鈥 and the break time is not the prayer time, it will be impossible to pray,鈥 employee Masjid Imam Hasan Abdi told WBAY News. 鈥淚f they got fired now, there鈥檚 no way they鈥檒l get to stay in Green Bay. They鈥檒l have to move to find work.鈥澛
CAIR was involved in a similar dispute earlier this month at a Cargill meat processing plant in Colorado. The outcome at Cargill may serve as a model for Ariens, as both sides seem to be working towards a compromise.聽
On Dec. 23 Cargill fired some 130 employees for violating the company鈥檚 attendance policy while protesting changes to time allowed for Muslim prayer. If the protesting employees want to come back to work they will be eligible for rehire within 30 days, far less than the previous six-month probation period. Cargill spokesman Michael Martin said the beef-plant has been operating 鈥渁t a significantly reduced capacity,鈥 due to the firings and there is 鈥渃ertainly a desire to full staff鈥 and operate at full capacity.聽
The plant has two reflection rooms for all of its 2,100 employees to use for prayer. "There are times where we have to sequence how many people are allowed to go [to pray] so that production is not slowed down," Martin told CNN.
In another EEOC lawsuit filed in behalf of Somali Muslims working for the JBS meatpacking plant in Grand Island, Neb., a federal judge ruled in January 2015 that the the company had proven that聽鈥渞equested religious accommodations of unscheduled prayer breaks and/or mass meal breaks imposed an undue hardship on JBS,鈥 according to聽U.S. District Judge Laurie Smith Camp.
But Hooper thinks maybe these two recent "undue hardship" accusations within one month of each other could signal a larger US trend.
"We don't like to be too suspicious, but maybe they think the growing Islamaphobia in America will give them cover?" he asks.聽"Does some right-wing politics figure in here somehow?"聽