MINNESOTA FEDERAL DISTRICT COURT GRANTS FINAL APPROVAL OF EEOC RELIGIOUS DISCRIMINATION SUITS

Prayer Breaks Sought by Muslim Employees to be Instituted;
Total of $365,000 to be Paid, Job Offers Made in Two Cases

MINNEAPOLIS – The U.S. Equal Employment Opportunity Commission (EEOC) announced today  that Magistrate Judge Jeanne J. Graham of the U.S. District Court in St. Paul, Minn.,  has ordered final approval of consent decrees settling two religious  discrimination lawsuits brought by the EEOC against a leading St. Cloud,  Minn.-based chicken processor, Gold’n Plump Poultry, Inc., and an employment  agency, The Work Connection.

Under the decree approved in the Gold’n Plump case, the employer will add  a paid break during the second half of each shift which will accommodate the  religious beliefs of Muslim employees who wish to pray in the course of the  work day. The break is in addition to a  break early in the shift and lunch breaks which are required by law. The timing of the added break will fluctuate  during the year to coordinate with the religious timing for Muslim prayers. The new break times will apply to all who work in a  designated portion of the plant, regardless of religious faith.

“Employers need to recognize the increasing  diversity of religion in our country and provide accommodations as required by  federal employment discrimination laws,” stated EEOC Acting Chairman Stuart J.  Ishimaru. “Systemic cases such as these  make workplaces better for many individuals.”

In  addition to other related relief, Gold’n Plump will provide $215,000 to a class  of 128 Somali American Muslims who claimed religious discrimination, including  discharge and discipline. An additional  $150,000 will be paid to 28 class members under the consent decree entered in EEOC v. The Work Connection. EEOC attorneys determined the amount each of  the 156 individuals will receive. The  amount ranges from $200 to $18,880 per person.  Most class members will receive between $500 and $1,500. The recipients and amounts of the payment were  approved by the court.

The  EEOC had alleged in EEOC v. The Work  Connection that, in order to be referred for work at Gold’n Plump’s  facilities in Cold Spring, Minn.,  and Arcadia, Wis., applicants were required to sign a  form stating that they would not  refuse to handle pork in the course of their jobs. In addition to stopping use of the “pork  form,” The Work Connection will provide each of the 28 class members, job  seekers previously turned away for refusing to sign the “pork form,” with an  offer for placement at Gold’n Plump. The  decrees in both cases prohibit retaliation by the employers and provide for  training and reporting to the EEOC.

        EEOC Chicago  Regional Attorney John Hendrickson said,  “The court’s final approval of this settlement validates the progress the  parties had made in providing an acceptable solution to the conflict between  the religious obligations of the Muslim workers and the efficient operation of  Gold’n Plump’s business. The settlement was achieved because the  parties pursued a solution collaboratively.”

        EEOC Trial Attorney Nick Pladson in Minneapolis  (part of the agency’s Chicago  district), added, “When employees identify aspects of their religious beliefs  that conflict with their employment, employers must engage these workers to  explore solutions. Employers who take a ‘my  way or the highway’ approach to requests for religious accommodation clearly do  so at their peril.”

        The EEOC lawsuits  were filed Sept. 8, 2008, in the U.S. District Court for the District of  Minnesota, St. Paul Division. (EEOC v.  Gold’n Plump Poultry, Inc., 0:08-cv-05136-DSD-JJG; EEOC v. The Work Connection, 0:08-cv-05137-DSD-JJG). The EEOC cases are docketed as related cases  to a private case previously filed in the same court by certain of the class  members (Aware Daud, et al. v. Gold’n  Plump Poultry, Inc. and The Work Connection, 0:06-cv-04013-DSD-JJG). The court had  granted preliminary approval to the consent decrees on Nov. 7, 2007. In the interim since the preliminary  approval, the EEOC assessed claims for monetary relief received from class  members. The amounts determined by the  EEOC were provided for in the consent decree finally approved by the  court. In addition to Hendrickson and  Pladson, the EEOC was represented by Associate Regional Attorney Jean Kamp.

        The consent decrees  were the result of a series of mediation sessions conducted by Magistrate Judge  Graham and by retired federal Magistrate Judge Jonathan G. Lebedoff.

        Religious  discrimination charge filings with EEOC offices nationwide increased to a  record level of 3,273 in Fiscal Year 2008, a 13.6% jump over FY 2007. On July 22, 2008, the EEOC issued a new  Compliance Manual Section regarding religious discrimination, harassment, and  accommodation. The EEOC issued this Section  in response to an increase in charges of religious discrimination, increased  religious diversity in the United    States, and requests for guidance from  stakeholders and agency personnel investigating and litigating claims of  religious discrimination. The Section is  available online at http://www.eeoc.gov/policy/docs/religion.html

The  EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available  on the agency’s web site at www.eeoc.gov.