Employment Law Commentary, July 2017 - Volume 29, Issue 7

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Let Us Pray: The Challenges of Accommodating Muslim Prayer in the workplace -

Some prayers go unheard; others go to the Equal Employment and Opportunity Commission. Recently, employers in three states have faced actions from Muslim employees demanding increased accommodation for prayer in the workplace. In May, an employer in Minnesota refused to schedule prayer breaks requested by employees, and subsequently fired some workers who refused to comply with the work schedule. In response, the Council on American-Islamic Relations (CAIR) filed a complaint with the Equal Employment and Opportunity Commission (EEOC). Similar situations have recently arisen with employers in Wisconsin and Colorado.

While Muslims account for only 1% of the population in the United States, they now represent one-quarter of religious discrimination complaints to the EEOC. Requested accommodations for prayer are at the top of the reasons why such complaints are submitted. These trends show that many employers have little knowledge of the religious tenets of their Muslim employees and may lack any acquaintance with the entailments of daily prayer for Muslims. Perhaps not coincidentally, the three recent cases all occurred in states with fast-growing Muslim populations. As workforces become more diverse, employers should not only become aware of these practices, but also understand their legal obligations to accommodate such practices.

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