OSULA Education Center Ethical Dilemma Sunset Prayers Questions First, please read this brief informational page from the US Department of Labor on religio

OSULA Education Center Ethical Dilemma Sunset Prayers Questions First, please read this brief informational page from the US Department of Labor on religious accommodations BEFORE reading the Ethical Dilemma: Sunset Prayers case. 4/18/2020
Religious Discrimination and Accommodation in the Federal Workplace | U.S. Department of Labor
U.S. DEPARTMENT OF LABOR
Religious Discrimination and
Accommodation in the Federal
Workplace
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits federal agencies from discriminating
against employees or applicants for employment because of their religious beliefs in hiring,
firing and other terms and conditions of employment. Additionally, Title VII requires federal
agencies to reasonably accommodate the religious beliefs or practices of employees or
applicants unless doing so would impose an undue hardship upon the agency.
Religious Discrimination
The Equal Employment Opportunity Commission (EEOC) defines “religious beliefs” to include
theistic beliefs (i.e. those that include a belief in God) as well as non-theistic moral or ethical
beliefs about right and wrong that are sincerely held with the strength of traditional religious
views. In most cases, whether or not a practice or belief is religious is not an issue. However,
generally, religion typically concerns “ultimate ideas” about “life, purpose and death,” while
social, political and/or economic philosophies and mere personal preferences are not
“religious” beliefs. It is important to consider that an individual’s religious beliefs may change
over time. Additionally, individuals may choose to adhere to some tenets of their religion but
not others, and/or individuals may have a sincere belief in a religious practice that is not
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Religious Discrimination and Accommodation in the Federal Workplace | U.S. Department of Labor
observed by other followers of their religion. Title VII also protects employees or applicants
from discrimination if they do not subscribe to a particular religious view and/or are atheist.
Religious discrimination can also involve treating someone di erently because that person is
married to (or associated with) an individual of a particular religion or because of his or her
connection with a religious organization or group. An employee cannot be forced to
participate (or not participate) in a religious activity as a condition of employment.
Religious Accommodation
Title VII requires federal agencies, upon notice of a request, to reasonably accommodate
employees whose sincerely held religious beliefs, practices or observances conflict with work
requirements, unless the accommodation would create an undue hardship.
What is a religious accommodation?
A religious accommodation is any adjustment to the work environment that will allow an
employee or applicant to practice his or her religion. The need for religious accommodation
may arise where an individual’s religious beliefs, observances or practices conflict with a
specific task or requirement of the position or an application process. Accommodation
requests o en relate to work schedules, dress and grooming, or religious expression in the
workplace. If it would not pose an undue hardship, the employer must grant the
accommodation.
What is an undue hardship?
An agency may justify a refusal to accommodate an individual’s religious beliefs or practices if
the agency can demonstrate that the accommodation would cause an undue hardship. An
accommodation may cause undue hardship if it is costly, compromises workplace safety,
decreases workplace e iciency, infringes on the rights of other employees, or requires other
employees to do more than their share of potentially hazardous or burdensome work. Undue
hardship also may be shown if the request for an accommodation violates the terms of a
collective bargaining agreement or job rights established through a seniority system. Undue
hardship based on cost requires that the agency show more than a de minimis (minimal
impact upon the agency’s business) cost to the agency. The hardship upon the agency must
be genuine and cannot be merely speculative.
How does a religious accommodation process work?
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Religious Discrimination and Accommodation in the Federal Workplace | U.S. Department of Labor
In requesting an accommodation, an employee or applicant is not required to use “magic
words” (such as indicating that he or she is seeking “an accommodation”). However, an
employee or applicant must make the agency aware of the need for an accommodation
based on a conflict between the individual’s religious belief or practice and their work duties
or the agency’s application process. The employee should make the request orally and/or in
writing (via letter, email or fax), to his or her immediate supervisor. The request for an
accommodation may trigger an interactive process, particularly if the employer reasonably
needs more information, between the responsible management o icial and the individual
making the request to discuss the request and assess available options. Examples of religious
accommodations may include: scheduling changes (arrivals, departures, floating/optional
holidays, flexible work breaks and any other scheduling changes); voluntary shi
substitutions and/or swaps; job reassignments, such as changes of position tasks and lateral
transfers; and modifications to workplace practices, policies and procedures. An
accommodation may also involve designating an unused or private location in the workplace
where a religious observance or practice can occur if it is disrupting other workers. The need
for accommodations may also apply to such things as dress or grooming practices that an
employee has for religious reasons. These might include, for example, wearing particular
head coverings or other religious dress (such as a Jewish yarmulke or a Muslim headscarf), or
wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh uncut hair and
beard). It also includes an employee’s observance of a religious prohibition against wearing
certain garments (such as pants or miniskirts).
Religious Discrimination & Harassment
It is illegal to harass a person because of his or her religion.
Harassment can include, for example, o ensive remarks about a person’s religious beliefs or
practices. Although the law does not prohibit simple teasing, o hand comments, or isolated
incidents that are not very serious, harassment is illegal when it is so frequent or severe that it
creates a hostile or o ensive work environment or when it results in an adverse employment
decision (such as the victim being fired or demoted).
The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or
someone who is not an employee of the Department, such as a contractor.
Employee Best Practices
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Employees who are the recipients of unwelcome religious conduct should inform the
individual engaging in the conduct that they wish it to stop. If the conduct does not
stop, employees should report it to their supervisor or other appropriate agency o icial
in accordance with the procedures established in the Department’s anti-harassment
policy.
Employees who seek to proselytize in the workplace should cease doing so with
respect to any individual who indicates that the communications are unwelcome.
Employees who are not comfortable confronting the individual in question should
report the conduct to their supervisor or a member of management in their
supervisory chain of command or, if necessary, the agency’s EEO Manager or the Civil
Rights Center.
Employees requiring an accommodation should advise their supervisors of the nature
of the conflict between their religious needs and their work environment or duties.
Employees should provide enough information to enable the employer to understand
what accommodation is needed, and why it is necessitated by a religious practice or
belief. Likewise, supervisors should follow-up with employees to request any relevant
information before making a determination regarding an accommodation request.
Contact Information
If at any time you think that you have been subjected to discrimination and/or denied an
accommodation based on religion, contact an EEO Counselor (or the Civil Rights Center)
within forty-five (45) days of the alleged discriminatory event in order to preserve your right
to file an EEO complaint.
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Religious Discrimination and Accommodation in the Federal Workplace | U.S. Department of Labor
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Ethical Dilemma
Sunset Prayers
Frank Piechowski, plant manager for a Minnesota North Woods Appliance Corporation refrigerator
plant, just received his instructions from the vice president for manufacturing. He was to hire 40 more
temporary workers through Twin Cities Staffing, the local labor agency that North Woods used. Frank
already knew from past experience that most, if not all, of the new hires available to work the
assembly line would be Muslim Somali refugees, people who had immigrated to Minnesota from their
war-torn native country en masse over the past 15 years.
North Woods, like all appliance manufacturers, was trying to survive in a highly competitive, mature
industry. Appliance companies were competing mainly on price. The entrance of large chains such as
Best Buy and Home Depot only intensified the price wars, not to mention that consumers could easily
do comparison shopping before leaving home by logging on to the Internet. The pressure to keep
production costs low was considerable.
That’s where the Somali workers came in. In an effort to keep labor costs low, North Woods was
relying more and more on temporary workers rather than increasing the ranks of permanent
employees. Frank was quite pleased with the Somalis already at work on the assembly line. Although
few in number, they were responsible, hardworking, and willing to work for the wages that he could
afford to pay.
It was the first time this son of Polish immigrants had ever come into contact with Muslims, but so far,
it had gone well. Frank had established a good working relationship with the Somalis’ spokesperson,
Halima Adan, who explained that unlike most Western faiths, Islamic religious practices were
inextricably woven into everyday life. As a result of the good rapport they had, together they had
worked out ways to accommodate Muslim customs. Frank authorized changes in the plant’s cafeteria
menu so that the Somali workers had more options that conformed to their dietary restrictions, and he
allowed women to wear traditional clothing, so long as they weren’t violating safety standards.
After learning that the Somalis would need to perform at least some of the ceremonial washing and
prayers they were required to do five times a day during work hours, the plant manager set aside a
quiet, clean room where they could observe their 15-minute rituals during their breaks and at sunset.
The Maghrib sunset prayers that second-shift workers had to perform were disruptive to a smooth
workflow. Compared to their midday and afternoon rituals, the Muslim faithful had considerably less
leeway as to when they said the sunset prayers, and of course, the sun set at a slightly different time
each day. But so far, they’d all coped.
But what was he going to do about the sunset prayers with an influx of 40 Somali workers that would
dramatically increase the number of people who would need to leave the line to pray? Was it time to
modify his policy? He knew that Title VII of the Civil Right Act required that he make “reasonable”
accommodations to his employees’ religious practices unless doing so would impose an “undue
hardship” on the employer. Had he reached the point where the accommodations that Halima Adan
would probably request crossed the line from reasonable to unreasonable? But if he changed his
policy, did he risk alienating his workforce?
What Would You Do?
Below are three alternatives. Based on what you learned in the chapter, my lectures, and from
the DOL information provided in the folder, select one of three options below. Justify your
response telling the reader why you selected the option and what laws and information you
have used to base your response.
Option 1: Continue the current policy that leaves it up to the Muslim workers as to when they
leave the assembly line to perform their sunset rituals.
Option 2: Try to hire the fewest possible Muslim workers so the work line will be efficient on
second shift.
Option 3: Ask the Muslim workers to delay their sunset prayers until a regularly scheduled
break occurs, pointing out that North Woods is primarily a place of business, not a house of
worship.

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