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No one has put a gun to their head.” Typical too are the comments made by the founder of a conservative legal organization, which has represented Christians and Jews who wanted Saturdays or Sundays off to worship, that “[t]he problem with the Muslim prayer request is that it’s not one day or annual . In a pending lawsuit, for example, two Hertz employees claim that the company discriminated against , No. The timing of the added break will fluctuate during the year to coordinate with the religious timing for Muslim prayers. A security company hired a Muslim woman as a part-time security officer who wore at her interview a religious garment that covered her from head to toe, revealing only her hands and face.
JAN’s Occupation and Industry Series is designed to help employers determine effective accommodations for their employees with disabilities and comply with Title I of the Americans with Disabilities Act (ADA).
For information on assistive technology and other accommodation ideas, visit JAN’s Searchable Online Accommodation Resource (SOAR) at JAN.org/soar.
According to the Bureau of Labor Statistics, nearly four million educators, specifically teachers, working in preschool to secondary settings were employed in the United States in 2014.
The ADA does not contain a list of medical conditions that constitute disabilities. Therefore, some people with medical conditions will have a disability under the ADA and some will not. During the application stage, employers are not allowed to ask medical questions and applicants are not required to disclose their disabilities unless they need an accommodation.
Instead, the ADA has a general definition of disability that each person must meet (EEOC Regulations . A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having an impairment (EEOC Regulations . Employers are required to provide accommodations for job applicants with disabilities to participate in the application process, but only if they know about the disability and need for accommodation (EEOC, 1992).
Muslim employees seeking accommodations to wear hajibs, to set aside time or space for daily prayer, or to perform ablutions before prayers; or, in meatpacking plants, to abstain from handling pork, often meet with antagonism from employers and co-workers. We will briefly examine the post-9/11 history of workplace accommodations of Islamic religious customs., or headscarf, is for many Muslim females a visible expression of their faith, piety or modesty, and represents a tangible manifestation of their religious identity.
Employers often do not see headscarves in the same light, and relying on uniform dress codes, their desire to maintain their corporate image, or the nebulous concept of “customer preference,” have over the years objected to wearing traditional Islamic head coverings at work.Less than a year after 9/11 the EEOC brought a class action against American Airline Plaintiff was a car rental agent, responsible for renting cars and personally interacting with customers at the counter and on the telephone.Over the years the company had routinely accommodated her wish to wear a while working at the front counter and was terminated. The court, holding that the company had a duty to accommodate plaintiff’s religious practice and could not rely on perceived customer preferences to establish that accommodating plaintiff would cause it undue hardship, granted summary judgment against the employer. In 2009, the EEOC received 1,490 complaints from Muslims, the fifth consecutive year the number of complaints rose.“The trend could reflect a rise in Islamophobia in the workplace or an increased willingness on the part of Muslims to report discrimination — or both,” according to one observer.The employee brought a Title VII suit for religious discrimination.