WASHINGTON,
March 18, 2005 (IslamOnline.net) – The Dell computer giant has
reinstated and granted religious accommodation to 31 Muslim contract
employees after reaching a settlement on their dispute over workplace
prayers.
The
Muslim workers, mostly Somalis, were fired in early February from
Dell's logistics facility in Nashville, Tennessee, after they sought
to perform the Maghreb prayer each day after sunset, a prayer which is
tied to a particular time of day.
The
Council on American-Islamic Relations (CAIR) _ a national Islamic
civil rights advocacy group _ said Thursday, March 17, that the new
settlement stipulates the 31 Muslim employees will be rehired, receive
back pay and be granted religious accommodation.
Under
the settlement, the firm managers will also receive additional
training on existing religious accommodation policies and practices,
the advocacy group said.
"We
are pleased with both the terms of the settlement and with the
cooperative attitude of all parties in the negotiations," said
CAIR Executive Director Nihad Awad.
"We
thank everyone from around the world who contacted Dell to express
their support for reasonable religious accommodation in the
workplace."
Title
VII of the Civil Rights Act of 1964 requires an employer to
accommodate religious practices unless it causes an "undue
hardship."
The
settlement was reached following a meeting on Thursday between
representatives of CAIR, Dell, the Muslim workers, the Nashville Metro
Human Relations Commission, and Spherion Corp., the company that
provided the workers to Dell.
No
Contradiction
Commenting
on the settlement, Massoud Sabri, a member of IslamOnline.net's Fatwa
team, said there allowing Muslim workers to perform prayers in time
and doing work bear no contradiction.
"However,
a Muslim worker should not spend much time in performing the prayers,
as he/she can perform only fard (obligatory prayers) during the
working hours."
"He/she
can also delay the prayers if he is not able to leave the work or
hardships would be caused if he does."
Sabri,
however, stressed that the Muslim worker can't permanently abandon the
prayers for the sake of work.
A
Muslim is obliged to perform
at specific times to renew his/her covenant with God and seeks His
guidance.
A
Solution Model
The
new settlement between the Muslim workers and the computer giant can
be used as a model for solving any dispute might come up on workplace
prayers, said CAIR Legal Director Arsalan Iftikhar, who also
participated in the negotiations.
"This
settlement can be used as model by other production facilities that
employ large numbers of Muslim workers."
CAIR
said other terms of the settlement will not be made public, CAIR said.
Several
companies in Nashville, home to some 5-8 thousands Somali Muslims,
allow Muslim women to wear hijab in the workplace and also offer
Muslim workers halal meals.
However,
a number of Somali workers fired from a nearby Whirlpool plant lost a
trial on a similar issue last September.
The
jury decided Whirlpool was within its rights to limit workers' break
times so as not to disrupt factory production.
A
May 2004 report released by the US Senate Office Of Research concluded
that the Arab Americans and the Muslim minority in the United States
had taken the brunt of the Patriot Act and other federal powers
applied in the aftermath of the 9/11 attacks.
A
recent nation-wide poll, conducted by the Cornell University, has
showed that at least 44 percent of American society back