Somali workers file bias suit against Gold'n Plump

Pioneer Press ^ | 10-3-06 | staff

[Rakkasan1]

Nine Somali immigrant employees at poultry processor Gold'n Plump Poultry Inc. alleged in a federal lawsuit that they were discriminated against because of their race and religion at the company's Cold Spring, Minn., plant. The group alleges the St. Cloud-based company would not permit them short breaks during the day to pray. The Muslim faith, the lawsuit says, requires five prayers a day at times defined by position of the sun. The lawsuit also claims that the company was more likely to force Somalis than whites to work the night shift and do the least desirable jobs in the factory. In a statement Monday, Peggy Brown, director of human resources, said Gold'n Plump respects the religious beliefs of all employees. Brown said Gold'n Plump has made accommodations since 2003 to its Muslim employees in an effort to provide them with opportunities to pray. She said the company announced further changes last week, before it became aware of the lawsuit, "that we believe provide yet more opportunity for observance of Muslim prayer."

[nomes11]

Actually the employer does shoulder some of the responsibility based on the basic religious accommodations law founded in Title VII of the Civil Rights Act of 1964.

The legal framework for religious accommodations show that employees must first prove: 1) a genuinely held religious belief; 2) the employer was notified of the belief; and 3) a request for an accommodation of the belief. Following proof, the employer must prove that it could not accommodate the request because doing so would create an undue hardship.

Therefore, you are correct in that your employer had not responsibility to accommodate you because you did not make the employer aware of your belief.

Electrolux was involved in a similar situation in 2003 when suit was brought by the EEOC to afford Muslim employees an opportunity to observe their sunset prayer, and they swiftly came to a voluntary resolution.

One more point is that this controversy is not limited to Muslims, but frequently involve employee with other religious beliefs such as Jew or catholics.

[nomes11]

Unless you can show that it’s a genuinely held belief, you’ll be out money. If you can, have a very relaxing day.