Mass firings at meatpacking plants in
Colorado and Nebraska last month highlight growing conflicts over how to
accommodate religion in the workplace.
The plants, owned by the U.S. unit of
Brazil's JBS
SA, collectively fired about 200 Muslim Somali workers who walked off the job
over prayer disputes.
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Associated
Press
The workers had asked management to adjust
their evening break times so they could pray at sunset. Managers at both plants
initially agreed but then reversed their decisions after protests by non-Muslim
workers.
The tension in the JBS plants comes amid a
surge in workplace disputes over religion. Claims of religious discrimination
filed with federal, state and local agencies have doubled over the past 15
years and rose 15% during 2007 to 4,515, a record.
That's fewer than 5% of
workplace-discrimination claims, but the number is growing faster than claims
based on race or gender, says Reed Russell, a counsel for the U.S. Equal
Employment Opportunity Commission. The increase reflects greater religious
diversity and openness about faith in the workplace, Mr. Russell says.
A Tyson
Foods Inc. chicken-processing plant in Tennessee this year agreed to let
its work force claim holiday pay for Eid al-Fitr, which marks the end of the
Muslim holy month of Ramadan, instead of Labor Day. Non-Muslims protested that
the policy was un-American. Tyson managers reinstated Labor Day and switched a
paid birthday to a personal day that could be used for religious observances.
The EEOC last month intervened on the side of
Muslim workers at Minnesota chicken processor Gold'n Plump Poultry Inc. The
processor has now tentatively agreed to give workers two breaks per shift
instead of one, making it easier for them to pray at appropriate times.
Employers are supposed to try to accommodate
workers' religious requests that don't pose an "undue hardship" on
operations. But employers and lawyers say getting that balance right is tricky.
In August, a federal judge in Nevada ruled
that the Las Vegas police department must allow an orthodox Jewish officer to
wear a beard, but not a yarmulke. The judge noted that the city permits
employees to wear beards for medical reasons, but it prohibits all officers
from wearing headgear.
The EEOC in July issued new guidelines that
attempted to clarify matters by citing legal rulings. These distinctions, too,
are tricky. For example, the guidelines cite cases involving tattoos and
piercing. In one, a restaurant was prohibited from ordering an employee to
cover religious tattoos; in the other, a retailer was allowed to bar facial
piercing.
Doug Schult, JBS's head of employee and labor
relations, says the new guidelines haven't helped. Mr. Schult says he has been
wrestling with the prayer issue since last year. "We spent months trying
to figure it out," he says. "It's frustrating for a lot of people
that we haven't been able to solve this."
The tensions at the JBS plant in Grand
Island, Neb., started in 2006, after government raids removed around 400
undocumented Latino workers. In their place, the plant hired hundreds of Somali
refugees who had been resettled in places like Minnesota and Ohio. Most were
Muslim, and few spoke English.
The new workers soon clashed with management
over praying at sunset, which falls in the middle of the plant's second shift.
Up to a quarter of the 1,200 workers on that shift were Muslim, Mr. Schult
estimates.
When some workers slipped off their lines to
pray in locker rooms or bathrooms, supervisors ordered them back to work or
cited them for taking "illegal breaks," according to Mr. Schult and a
union representative. A few were fired.
The Somali workers said that they should be
allowed to pray on their breaks and would be gone for only a few minutes.
Supervisors responded that the only permitted unscheduled breaks were for use
of the bathroom and that the plant couldn't have hundreds of workers leaving
the lines at the same time.
"It takes less than five minutes,"
says Graen Isse, a Somali worker who was fired following a similar dispute at a
JBS plant in Greeley, Colo. He says he and other workers offered to let JBS
deduct pay for time spent praying.
Efforts to forge a compromise among JBS
managers, the Somali workers and representatives of the United Food &
Commercial Workers local made little progress. Letting groups of Muslim
employees take short prayer breaks would disrupt the fast-moving assembly
lines, where workers wield sharp knives to whittle pieces off slabs of beef.
Stopping the lines for an extra 15-minute break was too costly, Mr. Schult
says.
Moving a scheduled break was tricky, too. The
times were specified in a labor contract, in part to make sure nobody worked
too long without a break. And since the sun sets at different times during the
year, breaks would always be "chasing the sun," Mr. Schult says.
Talks broke down in October 2007. Some of the
fired workers filed discrimination claims with the EEOC, says Rima Kapitan, a
lawyer with the Council on American-Islamic Relations representing the workers.
Ms. Kapitan says the EEOC began investigating one of those claims in the past
month. The EEOC and Mr. Schult decline to comment.
The issue flared up again last month, during
Ramadan. A Somali woman claimed a supervisor kicked her while she was praying.
The supervisor said he didn't see her and only kicked the cardboard she was
sitting on, says Dan Hoppes, the president of UFCW Local 22, which investigated
the charge.
In protest, as many as 400 Somalis walked off
the job for two days, demonstrating at Grand Island City Hall and asking for
time to pray. After a day of negotiations, JBS managers agreed to move to 7:45
p.m. a break that had been scheduled around 8:15 p.m., says Abdi Mohamed, a
Somali worker who participated in the discussions and was later fired. Mr.
Mohamed, 28 years old, came to the U.S. in September 2007 and spoke through an
interpreter.
The next day, non-Muslim workers, who are
largely Latinos, staged a counterprotest and walked out themselves. Some
resented what they saw as shirking by Somalis. "They used to go to the
bathroom but actually they're praying and the rest of us have to do their
work," says José Amaya, an immigrant from El Salvador who has been working
at the factory more than four years.
Donato Medina, a 13-year JBS veteran, says he
gets along well with Somali workers but walked out because he thought their
complaints had gotten a special hearing. "I thought, this is an
opportunity to tell the company we're not happy," he says.
JBS managers restored the original break time.
That evening, Somali workers protested in the cafeteria, then walked off the
job again, say workers and managers. When they returned the next morning, JBS
managers told around 80 of them they were fired. About 100 other workers were
fired at the Greeley plant around the same time.
Now, Mr. Mohamed says he's looking for a job
at other meatpacking plants that he thinks are more flexible about prayer
issues. Managers in Grand Island are holding "diversity" meetings to
try to resolve some of the tensions.
Mr. Hoppes, the union president, says he's
looking at other religious-discrimination cases for clues on how to handle the
problem, though he hasn't found anything helpful yet. A few years ago, Local 22
lobbied to allow a Seventh Day Adventist at another meatpacking plant to take
Saturdays off, as demanded by his religion. The union lost, he says.
Write to Phred
Dvorak at [log in to unmask]