Muslim woman teacher sues U.S. school after being denied three weeks unpaid leave to make

[Big Don]

Muslim woman teacher sues U.S. school after being denied three weeks unpaid leave to make pilgrimage to Mecca



Daily Mail EXCERPT:
Last updated at 6:48 PM on 14th December 2010
A school district is being sued for not allowing a Muslim teacher to take unpaid leave to make a pilgrimage to Mecca.
The Federal Government has brought the case on behalf of Safoorah Khan, claiming that it is a violation of the 1964 Civil Rights Act.
It is the duty of every Muslim to join the million of pilgrims at the Hajj in Mecca at least once in their lifetime - and the middle school teacher had hoped to go in 2008.

Khan had started at Berkeley School, in the suburbs of Chicago, Illinois, in 2007 and asked for unpaid leave of three weeks to visit Saudi Arabia.
After the education district twice denied her request, Khan wrote to the board that 'based on her religious beliefs, she could not justify delaying performing Hajj'.
She resigned shortly thereafter, according to the lawsuit filed in federal court.
END EXCERPT
Um, school teachers work during the school year, that is the central point of being a school teacher. Had she taken vacation time, this, in all likelihood, would have still been an issue.

 

[elder999]

The Federal Government has brought the case on behalf of Safoorah Khan, claiming that it is a violation of the 1964 Civil Rights Act.
<snip!>

Um, school teachers work during the school year, that is the central point of being a school teacher. Had she taken vacation time, this, in all likelihood, would have still been an issue.

1) It is a violation of the 1964 Civil Rights Act. It's not like she could make Hajj in July, and accomodations need to be made; I have to wonder why it might not be another year, though, even given the extensive prepartations necessary.

2) This is one sort of thing substitutes are supposed to be there for.

 

[Ken Morgan]

If they are able a muslim should go once in a life time, no?
She wasn't able due to work commitments.
She should have put more senority into her job first, then a few years down the road asked for the LOA. She was hired as a teacher in a public school, what did she expect??
Then again, she only asked for a LOA, I may have given it to her had I been the district.

 

[granfire]

The pilgrimage occurs from the 8th to 12th day of Dhu al-Hijjah, the 12th and last month of the Islamic calendar. Because the Islamic calendar is a lunar calendar, eleven days shorter than the Gregorian calendar used in the Western world, the Gregorian date of the Hajj changes from year to year. Ihram is the name given to the special state in which Muslims live while on the pilgrimage.

well, considering the Holiday follows the lunar calendar, it's not in the same month every year.

However, I think there is also the matter of 'just started' the job...hajj or not, that's pushing it.
never mind... 2007-december2008...

 

[Big Don]

The Hajj is the annual pilgrimage to Mecca, Saudi Arabia. It is one of the largest annual pilgrimages in the world, and is the fifth pillar of Islam, a religious duty that must be carried out at least once in their lifetime by every able-bodied Muslim who can afford to do so.

Being able to afford to do so, would involve having the free time to do so. Um, at least once in her lifetime, unless she has a terminal disease, she's got time, to go on her own time.
The Hajj moves around based on the Islamic calendar, so, wouldn't it be reasonable for her to wait until such a time that it lines up with scheduled school holidays?
Three weeks? It is less than a day's travel time each way, thanks to jet airliners, and is a five day event, thus, if she took 9 days off, that would still give her plenty of time to get there, participate and return without taking the three weeks she demanded off.
In fact, had she waited until 2009, Eid al-adha was November 27th, so, she could have easily taken 2 or three days more than the 4 to 5 days off schools take for Thanksgiving these days and avoided any hassle with her employer. She chose not to do so. This is not the fault, or responsibility of her employer.

 

[elder999]

I'm not saying it's right, but it is a clear cut violation of the act, based on the language, as she has the appearance of being compelled to choose (I think she probably knew this when she resigned), and no attempt at reasonable accomodation was made based on a labor contract. Labor contracts cannot do this, under the act:

c) It shall be an unlawful employment practice for a labor organization--
(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;
(2) to limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, or national origin; or
(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

If the contract made no provision for accomodating this instance-and it was the contract itself that was used as a reason to deny her request-then the contract itself, and, by extension, the union and the school district-is in violation of the act.

I don't disagree with anything anyone has said here- though I should point out that, lunar calendar or no, it always starts on the 7th day of the 12th month-and, because of the nature of the Islamic lunar calendar, the exact dates aren't determined until it's very close-that's why she needed more time:Hajj is based upon the visibility of the waxing crescent after the new moon, and that may even be different in Chicago where she would leave from than it would be in Mecca.

Another factor might be her being compelled by her husband to do their pilgrimage that year. It's also worth pointing out that, while the matter of time scale is different, accomodations are made for Jewish and Christian high holy days. It's also a matter of law-although an altogether separate one-that if she were in the National Guard and deployed for three weeks-or three years-her job would be waiting for her.

Labor law is like this,though, as is the Civil Rights Act:the union and the school district screwed themselves-she resigned, went on the Hajj, and now they'll probably have to reinstate her with back pay.

 

[jks9199]

I don't know the specifics of the 1964 Civil Rights Act -- but I would question how she was discriminated against. Were other teachers granted similar leaves of absence for other religious actions? Did they make any effort to accomodate her, for example agreeing to provide the time of another year, when she wasn't a brand new employee or when they had some time to line up a long term substitute?

I'm kind of on the fence. I respect and encourage people to practice their religion, but I also feel that business needs to be able to run... and I don't see any explanation why she had to make the hajj THAT year.

 

[Sukerkin]

From talking with Muslim people that I know, there seems to be an increasing 'pressure' to do this pilgrimmage at present. It didn't used to be like that by their accounts. It was something that you did if you had the money and the free-time from your 'real life' to go and do.

They feel that it is another facet of the hi-jacking of their faith by extremist elements that they rather wish would go away. Indeed, the impression I got is that it has become something of a conspicuous outward showing of devotion rather than something sincere.

In the specific example above, to me it is simply one more to add to the pile of "I'm different so pander to me otherwise you're {insert suitably perjorative here implying some kind of -ism}".

 

[billc]

As a teacher, she could retire when she is 55, and then make the hajj. 2 weeks at christmas, 1 week in the spring, close to 2 and a half months in the summer not including the 3 days of thanksgiving week plus all the other federal holidays. Is there something more at work here?

 

[David43515]

As a teacher, she could retire when she is 55, and then make the hajj. 2 weeks at christmas, 1 week in the spring, close to 2 and a half months in the summer not including the 3 days of thanksgiving week plus all the other federal holidays. Is there something more at work here?

It`s not something that you can do any time of the year. You can`t do it by yourself. It`s kind of like the Super Bowl, it happens every year, but only once.

Without more info I don`t understand why it had to be that year (when she was still so new on the job) but apparently it`s a pretty clear violation of the act. I`m a relious minority too (Mormon) so I`m used to asking for certain tweaks to accomodate that, but I also understand that I need to be flexable enough to work around the needs of my employer and coworkers. Tough call either way on this. The letter of the law vs common sense; without hearing her reasoning I`m not sure which side I`d favor.Either way, thanks to Elder and Sukerkin for shedding more light on the law and the mindset.

 

[Ken Morgan]

You know it’s like the smokers at work who head for smoke breaks every hour, while the rest of us have to work away, or the single guys doing the extra works after hours, while the family people bugger off.

I’m an atheist, (stamping my feet with indignation), it’s not fair!! How come they get to do it and I don’t????!!!

 

[billc]

With humor intended, not only do you not get to take a smoking break, you also aren't going to get into heaven. I'll pray for you.

 

[CanuckMA]

You need 3 weeks because, as Elder said, you need to be already there when it is declared.

That year may have been the only one that also worked for her husband.

She may have been ready to start a family, and the Haj is not easy to do with kids.

Every school district has substitute begging for work. She wanted to go, unpaid. No big deal.

 

[CoryKS]

I need to invent a religion that compels it's follower (me) to spend three weeks in the Caribbean every winter.

 

[Empty Hands]

I need to invent a religion that compels it's follower (me) to spend three weeks in the Caribbean every winter.

Fortunately for you, I'm already the head of such a religion. For a small, one-time payment of $20 USD payable to me, you can have unlimited salvation complete with tans and pina coladas. Buy now!

 

[granfire]

Fortunately for you, I'm already the head of such a religion. For a small, one-time payment of $20 USD payable to me, you can have unlimited salvation complete with tans and pina coladas. Buy now!

Seven Day Junkists from El Segundo?

 

[Big Don]

Had this woman been Christian rather than Muslim and asked for the same thing, we'd be hearing about the "Separation of Church and State"...

 

[elder999]

I need to invent a religion that compels it's follower (me) to spend three weeks in the Caribbean every winter.

It's called Antigua Sail Week. A week to sailt there. A week of regatta. A week back. It's in December, and you can pick any number of Caribbean ports to set sail from with a charter.......

......trust me, it's a religious experience you won't forget. :lfao:

Had this woman been Christian rather than Muslim and asked for the same thing, we'd be hearing about the "Separation of Church and State"...

Hardly.




Title VII of the Civil Rights Act of l964 (&#8220;Title VII&#8221 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. Title VII also requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless to do so would create an undue hardship upon the employer. This means that:

• Employers may not treat employees more or less favorably because of their religion. Employees cannot be required to participate&#8212;or refrain from participating&#8212;in a religious activity as a condition of employment.Employers must reasonably accommodate employees&#8217; sincerely held religious practices unless doing so would impose an undue hardship on the employerEmployers must take steps to prevent religious harassment of their employees.
• Employers may not retaliate against employees for asserting rights under Title VII.

Title VII provides that an employer must reasonably accommodate an employee's religious beliefs and practices unless doing so would cause &#8220;undue hardship on the conduct of the employer's business.&#8221;

To avoid coming under Title VII, the employer must show they offered or tried to make a reasonable accomodation-or that such an accomodation would have been an undue hardship to them: costs, administrative, safety.If the woman had had surgery, or been sick, she could be out of work for three weeks with a substitute taking her place-in fact, I'm sure the EEOC lawyers will find several examples just like that to demonstrate that her merely being absent from work was not an undue hardship.

To come under TItle VII, she just has to show that she informed her employer of a conflict, and that she was subject to adverse action-in this case, her resigning qualifies, because the employer didn't make an attempt at reasonable accomodation, and merely told her that there was nothing in the contract that obligated them to.

It may have been a scam from the beginning, but if so, it's one that's probably going to work. According to the EEOC, suits like these have increased over 50% since the 70's, and payouts have increased over 160%.

Think about where I live. If a Navajo or Pueblo needs a week or two off from work for some obscure religious ceremony that they can't even talk about in detail, they're accomodated-though they may have to take vacation time to do so. I regularly eat Peyote, and I'm subject to regular random drug testing, and I worked for the federal government while doing so for more than 15 years. If I was in a ceremony on the weekend and was too tired to come to work Monday, I'd have been accomodated.....I'd also be something of a slacker and defeating the intent of the ceremony, but that's neither here nor there.

This is a very serious law that almost always comes down on the side of sincere religious belief. If they'd said she could take vacation time, or offered some other accomodation instead of just saying that the contract didn't obligate them, they might have a chance, but it just doesn't look that way.

 

[CoryKS]

Fortunately for you, I'm already the head of such a religion. For a small, one-time payment of $20 USD payable to me, you can have unlimited salvation complete with tans and pina coladas. Buy now!

I don't know, man. It sounds good and all, but given your political tendencies I have a feeling that the tithing requirements are rather steep.

 

[Tez3]

We obviously don't know all the facts about the case so it makes it hard to judge here not that it stops the 'Disgusted of Tunbridge Wells' types having a go anyway. For all we know she was told she could go then wasn't allowed to, there's loads of reasons why she could be suing and not just for the money as I imagine it will be costing to go to court.