> source:http://www.startribune.com/business/28119524.html?elr=KArksDyycyUtyyc...
>
> In a landmark settlement that could change the way Muslims are treated
> in the workplace, St. Cloud-based Gold'n Plump Inc. has agreed to
> allow Somali workers short prayer breaks and the right to refuse
> handling pork at its poultry processing facilities.
>
> The federally mediated agreement is among the first in the nation that
> requires employers to accommodate the Islamic prayer schedule and the
> belief, held by many strict Muslims, that the Qur'an prohibits the
> touching and eating of pork products.
>
> "For this group of Americans at this time in our nation's history,
> this is a very important outcome," said Joe Snodgrass, a St. Paul
> attorney who represented workers in the case.
>
> The agreement follows a year-long examination by the U.S. Equal
> Employment Opportunity Commission (EEOC) and a class-action lawsuit
> brought in October 2006 on behalf of nine Somali immigrants who worked
> at Gold'n Plump's poultry processing plants in Cold Spring, Minn., and
> Arcadia, Wis.
>
> An EEOC attorney said both sides have reached a settlement in
> principle.
>
> The settlement will include an undisclosed sum of money for some
> employees; and some workers may receive new offers of employment at
> Gold'n Plump.
>
> More details of the settlement, including how exactly the prayers will
> be accommodated, will be disclosed in the next two weeks.
>
> The Work Connection, an employment agency based in St. Paul that hired
> workers for Gold'n Plump's plants in Cold Spring and Arcadia, was
> accused in the class-action lawsuit of requiring Muslim applicants for
> work to sign a "pork acknowledgement form," in which they agreed to
> handle pork products. It was alleged in the complaint that Somali
> workers who did not sign the document were not hired.
>
> A spokeswoman for Gold'n Plump confirmed in a written statement that
> the company had reached a "global agreement in principle" to settle
> that and other claims and that a formal process must now begin to
> obtain final court approval for the settlement. Jeff Wold, vice
> president of the Work Connection, which is based in St. Paul, said his
> company "categorically denied all the allegations of discrimination"
> and was "happy to say that this case has been resolved."
>
> Traditional practices
>
> The settlement could have profound implications for the estimated
> 25,000 people of Somali descent in Minnesota, who began arriving in
> the Twin Cities in the late 1970s. Many have insisted on adhering to
> their traditional religious practices, such as praying five times a
> day or wearing headscarves, even when they conflict with workplace
> rules.
>
> This spring, six Muslim women who worked at a Mission Foods tortilla
> factory in New Brighton said they were fired after they refused to
> wear a uniform that includes pants, which are considered men's
> clothing -- and improper -- in their home country.
>
> The disputes have ignited debates about whether employers were
> targeting Muslims, or whether the workers were making unreasonable
> demands.
>
> The federal Civil Rights Act of 1964 says employers must accommodate
> workers' religious beliefs, so long as the requests are "reasonable"
> and do not create "undue hardship" for the employer.
>
> But the vague wording of the act has left a lot of room for
> interpretation; and some employers, particularly manufacturers, have
> argued that frequent prayer breaks disrupt work flow and reduce
> productivity.
>
> Snodgrass, the attorney representing the nine Somali workers, said
> there is some flexibility within the Islamic prayer schedule. In some
> cases, the windows for praying can extend several hours; and
> frequently the prayers last no longer than a bathroom break. He noted
> that the United States legal system has long accommodated the demands
> of Christians.
>
> "There is a reason why your children have never gone to school on
> Christmas or Easter, and yet Muslim children go to school on the final
> day of Ramadan," said Snodgrass. "What this case does is highlight
> that, for a minority, no matter how unpopular or popular they are,
> there has to be accommodations if they are reasonable and practical."