Muslim Accommodations Update: "Although neither statute says that employers have to reasonably accommodate religion, the courts have implied that and the regulations enforce that."
By Dan Packard for Morris News Service (thanks to Twostellas):
AMARILLO - The dispute over prayer breaks for Muslim employees at the Swift & Co. plant in Cactus is a two-sided legal issue, an Amarillo attorney said this week.At least 54 plant employees, all Muslims of African descent, walked off the job last week, citing the company's refusal to allow them two prayer breaks and female employees adequate time to wash after using the restroom, a strict requirement of the religion.
Vicki Wilmarth, an attorney specializing in employment law, said, "The basic rule is, an employer has to reasonably accommodate an employee's religious beliefs and practices, but only if the employee can do so without undo hardship to the employer's business.
"So it's a balancing act. It requires the employer and employees to determine what a reasonable accommodation would be."
Wilmarth said the federal statute governing religious discrimination in the workplace is Title VII of the Civil Rights Act of 1964, and the state statute is Texas Labor Code section 21.051.
"Although neither statute says that employers have to reasonably accommodate religion, the courts have implied that and the regulations enforce that."
Muslim workers pray five times a day and are asking Swift to grant two breaks a day: one at 4 p.m. and one at sunset.
"Breaks have to be paid if they are less than 30 minutes, but the law doesn't say how many there have to be," Wilmarth said.
What gives the judges the right to interprete the law by giving rights that are not in the law. Courts should not read things into the law that are not there.
More and more industry is going to suffer from this.
They need to decide what is more important. Good employees who work while at work, or cheap employees.
Borg wrote: "What gives the judges the right to interprete the law by giving rights that are not in the law. Courts should not read things into the law that are not there."
Our judges create law all the time. It's how our Anglo-American system has worked since the Middle Ages. In the 19th century they took the 14th Amendment that was passed to create equal citizenship for non-whites and said it meant state governments could not infringe the rights of corporations by regulating their treatment of workers. Before that they said employees could not sue employers for workplace injuries because they "assumed the risk" by taking the job.
I don't know enough about employment law to confirm or refute what attorney Wilmarth says, but giving Muslim employees a break that other employees don't get seems pretty discriminatory. If they give breaks, they had better give them to everyone. The Muslims can pray while everyone else drinks coffee and chats.
sceptico,
Where does it end? With the footbaths? Employees cant eat in front of them during Ram-a-Bomb? etc You give them an inch and they will demand everything.
company's refusal to allow them two prayer breaks and female employees adequate time to wash after using the restroom, a strict requirement of the religion.
Can someone decipher what that means? Adequate time to wash after using the rest room? In a meat packing plant? We have health requirements and regulations for hand washing among food worker employees. What is this referring to exactly?
I think I need to e-mail Swift not to cave. Hope others will, too.
"So it's a balancing act. It requires the employer and employees to determine what a reasonable accommodation would be."
I hope it's become abundantly clear to Ms. Wilmarth that islam is what's unbalanced, and hope that she and the people running Swift are learning a hard lesson about what mohammedan immigration and kowtowing to islam means to their businesses, and their city, state and country.
darcy
If you find the email, please post it. Ill email them as well.
Does anyone besides me wonder about the connection between e-coli and Muslems in meat packing plants?
Isn't there some rule about not using toilet paper?
I trust that Jewish male workers are allowed to wear yarmulkes (sp?) during the course of work if they so choose, and are allowed to stop at sundown every Friday.
That Jewish and Seventh-Day Adventist employees are never forced to work on the Sabbath.
That Catholic and evangelical Protestant workers are allowed to choose health care plans which do not cover gay partners or fund abortion.
That Jewish and muslim workers are not forced to work with non-kosher and non-helal (sp?) carcasses. (Swift is a meat-packing plant, if I'm not mistaken.)
In other words, that all religions are respected, with special privilege for none in particular. Or am I dreaming?
Bigfoot,
Your dreaming. This is just the beginning, trust me.
Aunt Bea, yes that has occurred to me too. Mohammedans and other illegal immigrants working in meat packing plants could very well be the cause of the sudden rash of e-coli outbreaks. We never used to hear of so many before.
And once more,
American employers: STOP HIRING MUSLIMS!!!!!
Here's the e-mail addy for the Swift corporate office in Greeley, CO.
emailus@jbsswift.com
darcy
Got it. I will be sending one as well. Thanks.
When those clowns walked out they should have kept on walking right back to the ummah.
By the way, doesn't Swift pack pork? If so, then why are these idiots working there in the first place?
This is only the beginning if the Muslims prevail. Footbaths, then completely separate bathrooms, separate break rooms so the Muslims won't be offended during Ramadan while they are fasting or someone else brings a ham sandwich for lunch, coverings for all female workers so the Muslim men won't be offended or tempted, female-only trainers for new female Muslim employees; the list will grow longer, along with more serious threats against the infidels who manage and work at Swifts. But, do I feel sorry for Swift's management? No. I only feel sorry for the co-workers of these people, whose legal threats grants them extra time off and special privileges.
The lack of toilet paper use isn't the only thing to worry about.
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Cabbie Caught Sprinkling Dried Feces On Food
Man Used Cheese Grater To Grind Dried Feces
UPDATED: 12:14 pm MDT October 27, 2005
DALLAS -- A man convicted this week for tainting grocery store baked items by sprinkling dried feces on the food is scheduled to be sentenced Thursday.
Prosecutors had store surveillance videotapes from a Fiesta grocery store of two incidents in July.
"He takes his own fecal matter and spread it to the wind over the food going to the public," prosecutor Will Ramsey said in court. "It's just so disgusting and, you know what, people get hurt."
The 49-year-old taxi driver was charged with two felony counts of tampering with consumer products. However, defense attorney Clark Birdsall told jurors that there was no way to prove that Behrouz Nahidmobarekeh's actions would have harmed anyone.
"It's OK to be angry at the defendant. I am. But you've got to follow the law," Birdsall said.
Customers had complained that the fresh-baked items smelled and tasted like manure. Nahidmobarekeh said in a statement that he sprinkled the material on the baked goods because store personnel mistreated him.
The video showed Nahidmobarekeh take a bag from his pocket and toss what he said was feces on baked items. The video showed him repeat the action several times.
In the statement, Nahidmobarekeh said he took his own feces and dried it in the sun. He then used a cheese grater to grind the material into smaller portions.
A jury convicted Nahidmobarekeh, who now faces punishment ranging from probation, to two to 20 years in prison.
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How many times does something similar happen but not get caught.
And the book by Col. Hunt has the al-queda handbook in the back, and one of the things mentioned is putting feces in the food supply to kill infidels.
Why are we importing moslems?
What is the threat in their own land that requires us to give them shelter from persecution? They are the persecutors.
Borg,
I read your post while I was eating my lunch and just lost my appetite. How do people think to do stuff like that???
Borg - Let's hope that this poo-flinging stone ager is deported back to whatever Crapistan spawned him.
On the topic of muslim refugees in America...
there is a relatively new blog called Refugee Resettlement Watch that reports on refugee problems in general, but pays attention to muslim refugees and immigration issues as well.
There are Iraq refugees entering the U.S. and being scattered about the country. These folks are trying to get a handle on that and report whatever they find. The information is not always easy to come by. They also track any developments on pending legislation that authorizes a substantial increase in Iraq refugees to the U.S.
Citizens of Emporia Kansas have just learned that they can expect a large number of Somalian refugees to be placed in their small community without having any input and without their approval. They are up in arms about it and are organizing to oppose.
Read about it at
http://refugeeresettlementwatch.wordpress.com/
Muslim immigrants tear at the very fabric of Western societies. You mix Islamic supremacism and CAIRista agitation with the ease with which amoral lawyers can be found and lawsuits can be filed and you get, trouble: trouble that costs Western creates friction that adds up to huge financial and social losses.
Newsflash for USorThem:
The link you posted is about Ethiopians, not Somalians. Ethiopia is a Coptic Christian country.I suggest you try CopticWatch.com
This is perfect example of the religion of not thinking for yourself shooting itself in the foot.
All good cowboys know to remove the 45 from the holster before firing it.
Perfect opportunity to get that database on who the Muslems are and where they live and worship.
Give Muslems special treatment at work and encourage other workers to claim they are Muslem and deserve the same privleges. This could lead to having to prove you are an Islamic and name your Mosque.
This could lead to special ID cards for them.
Instant database.
For a group that doesn't want to be profiled...they demand to be profiled.
I can remember when employment apps. had a space for religion.
This is like the Movie that that guy from King of Queens did where the two guys pretend to be gay to get insurance or retirement benfits. LOL
Don't know if it will help, but I did e-mail Swift yesterday saying my family will no longer buy Swift products if they cave in to the Mohammedans.
Bigfoot and Elric66: There is a large body of decisional law, not to mention administrative action by the EEOC, regarding the obligation of employers to accommodate the religious beliefs and practices of its employees (including Jews and Seventh-Day Adventists with regard to Saturday work). This is not something that Mohammedans just made up out of whole cloth.
Newsflash skevin:
the link I provided was to the main page at RRW. the story on Somalians in Emporia is a few scrolls down the page.