Special Problems of Muslim Workers after 9/11

Special Problems of Muslims workers after 9/11:

Special Problems of Muslims workers after 9/11 Presented by: Akansha Sharma

What is Discrimination ?:

What is Discrimination ? “Within sociology, 'discrimination' is the prejudicial treatment of an individual based on their membership in a certain group or category. Discrimination is the actual behavior towards members of another group. It involves excluding or restricting members of one group from opportunities that are available to other groups.” Source: http://en.wikipedia.org/wiki/Discrimination

Forms of Discrimination :

Forms of Discrimination Age Disability Sex Color Ethnicity/ Race Religion Pregnancy Retaliation

Equal Employment Opportunity Commission:

Equal Employment Opportunity Commission EEOC was established under Title VII of the Civil Rights Act of 1964 on July 2, 1965. EEOC is a federal, active law enforcement agency that investigates and enforces laws against unlawful discrimination and harassment based on sex, race, color, religion, disability, etc.

EEOC and discrimination :

EEOC and discrimination The EEOC assists federal employees and job applicants in filing a Charge of Discrimination if they believe they have been discriminated against. Once a charge has been filled the EEOC proceeds with dispute resolution through a mediation process. EECO also provides with a Notice of Right to Sue as permission to file suit in court. Remedies may include disciplinary action, compensatory and punitive damages.

September 11, 2001:

September 11, 2001 9/11 included a series of pre planned suicide attacks upon the United States. Attack was led by 19 hijackers and responsibility for the same has been claimed by Al Qaeda. Impact:- - About 3,000 people were killed - Destruction of the Twin Tower of the World Trade Center - Extensive damage to buildings and structures - Crashing of the stock market - Loss of jobs and business’s - Hate Crimes

What are Hate Crimes ?:

What are Hate Crimes ? Also known as bias-motivated crimes. Crimes that are a result of prejudice based on religion, race, social status, sexual orientation, gender or nationality. Criminal acts involve physical assault, damage to property, harassment, bullying and verbal abuse.

Connection between 9/11 and Hate Crimes on Muslims:

Connection between 9/11 and Hate Crimes on Muslims Muslim terrorist group Al Qaeda claimed war on America and accepted responsibility for the September 11, 2001 terror attacks. People built a connection between the Islamic faith and the 9/11 act of war.

9/11 and Hate Crimes on Muslims:

9/11 and Hate Crimes on Muslims As a result of Islamophobia hate crimes against Muslims soared after 9/11. Media's portrayal of Muslims gave rise to fear and prejudice providing a basis for violence. Example: Physical assaults on Muslim, verbal taunts against Muslim women and being labeled as “Terrorists”.

Problems of Muslim workers after 9/11:

Problems of Muslim workers after 9/11 Based on the fact that Muslims are just 2% of the population of the US, complaints from Muslim workers now make up a quarter of all religious discrimination claims. According to Federal data Muslims filed a record 803 discrimination claims in 2009.

Statistics on discrimination faced by Muslims:

Statistics on discrimination faced by Muslims Discrimination against Muslim workers have risen by 20% in the past year and by 60% since 2005. Sources: http://www.nytimes.com/2010/09/24/business/24muslim.html?pagewanted=all http://vaultcareers.wordpress.com/2010/09/27/rising-discrimination-against-muslim-workers/

Post 9/11 bias’s:

Post 9/11 bias’s Complaints by Muslim employees are higher now than in the past ten years including right after the 9/11 attacks. Complaints from Muslim workers now make up a quarter of all religious discrimination claims. Muslims accounted for about one-quarter of the 3,386 religious discrimination claims filed with the E.E.O.C. in the year 2009. Source: http://www.nytimes.com/2010/09/24/business/24muslim.html?pagewanted=all

Post 9/11 bias’s:

Post 9/11 bias’s In 2005, the Council on American-Islamic Relations received more discrimination complaints in California than any other state — 378, or 19% of all complaints. Pew's new study found nearly 6 in 10 adults feel Muslims face discrimination in America and a 2007 poll of Muslims revealed that 1 in 4 Muslims has experienced discrimination. Source: http://www.csmonitor.com/USA/2009/0911/p02s19-usgn.html/%28page%29/2

Statistics from the CAIR on discrimination related to Muslims:

Statistics from the CAIR on discrimination related to Muslims The Council on American-Muslim Relations received 1,019 claims of physical or verbal attacks and religious discrimination in employment in 2003. That’s up from 602 claims a year earlier. Source: http://rapidlearninginstitute.com/hric/anti-islamic-religious-discrimination-in-the-workplace/

Special problems of Muslim workers after 9/11:

Special problems of Muslim workers after 9/11 Complaints from Muslim workers include co-workers calling them “terrorist” or “Osama” to employers barring them from wearing head scarves or taking prayer breaks. Example : Several case’s were filed against Abercrombie & Fitch, the clothing retailer, accusing it of discrimination for refusing to hire Muslim applicants because they wore a head scarf.

Special problems of Muslim workers after 9/11:

Special problems of Muslim workers after 9/11 Mohammad Kaleemuddin , a Pakistani immigrant, drove trucks for the American war effort in Iraq. While working for a construction company in Houston, his supervisor and several co-workers called him Osama, Al Qaeda, Taliban, and terrorist. The management fired Mr. Kaleemuddin after he protested about the ethnic slurs. After he filed a complaint, E.E.O.C sued the company. Pace Services settled the case by paying Mr. Kaleemuddin $61,250. Source: http://www.nytimes.com/2010/09/24/business/24muslim.html?pagewanted=all

Discrimination and Liberal regions:

Discrimination and Liberal regions 18yr old Halla Banafa applied for job at an Abercrombie Kids store in the Bay area in Silicon Valley, CA. She was rejected for wearing a head scarf. According to the EEOC the manager on the interview form noted that this was not an Abercrombie look. Workers have complained of discrimination even in regions known for their diversity like California. Similarly another 17 and 18 yr old were refused employment in retail stores Abercrombie and Hollister in CA.

Discrimination against Hijabs:

Discrimination against Hijabs Imane Boudlal , 26, worked as a hostess with Storytellers Cafe at Disney land in Anaheim, CA. After two years during the last month of Ramadan she began wearing her hijab at work. Ms. Boudlal was told that if she insisted on wearing the scarf, she could work either in back or at a telephone job. As the dispute continued Disney claimed that Ms. Boudlal’s head scarf clashed with the restaurant’s early-1900s theme, and they proposed a period hat with some scarf that would fall over her ears. Ms. Boudlal rejected Disney’s claim and said that Disney wanted to hide the fact that she is Muslim.

Employers response to religious discriminatory practices:

Employers response to religious discriminatory practices Michael Griffin, Disney’s spokesman, said the company’s “cast members” agree to comply with its appearance guidelines. “When cast members request exceptions to our policies for religious reasons, we strive to make accommodations,” he said, adding that Disney has accommodated more than 200 such requests since 2007.

Religious Discrimination:

Religious Discrimination Case 1 : Susan, a clerical worker wore a hijab (head scarf) in relation with her Muslim beliefs. Susan’s temp agency placed her in a long-term assignment with one of its clients. The client requested the agency to notify Susan that she must remove her hijab while working at the front desk, or the temp agency could assign another person to fill Susan's position. According to the client, Susan's religious attire violated its dress code and presented the "wrong image." Should Susan’s temp agency comply with its client's request ?

Federal law on Hijabs or Head scarfs:

Federal law on Hijabs or Head scarfs If Susan is asked to remove her hijab or her duties are changed to keep her out of public view the temp agency will comply with its clients request and both the client and the temp agency will violate Title VII. Federal law requires employers to accommodate head scarves, also called hijabs , as well as prayer breaks and other practices based on sincere religious beliefs unless doing so would impose an undue hardship on the employer.

Research by the Discrimination Research Center :

Research by the Discrimination Research Center In 2004, the non profit center sent out 6,000 fictitious resumes to employment firms throughout California. All applicants were similarly qualified, but the resumes included 20 names “identifiable” as white, Latino, African American, Asian American, Arab American or South Asian. The name Heidi McKenzie got the highest response rate, 36.7%, and Abdul-Aziz Mansour got the lowest, 23%. Source : http://makkah.wordpress.com/2007/05/06/workplace-discrimination- against muslims-after-911/

Rise in Problems after 9/11:

Rise in Problems after 9/11 2001 : Bay Area, CA, a Muslim woman said she received a death threat from a co-worker. The supervisors treated this as a joke, she ultimately left the job because she felt her safety was threatened. 2002 : Fontana, CA, a Muslim high school senior who worked at a fast-food restaurant was subject to repeated bias jokes and verbal hostility from his coworkers and his manager. Coworkers taunted him, asking why his “cousins” destroyed the World Trade Center. In the presence of other employees his manager teased him and said that they were going to check him for bombs. Days later, he was fired after he accidentally threw away a paper cup that the manager was using. The management said he was let go for “performance deficiencies”.

Rise in Problems after 9/11:

Rise in Problems after 9/11 2007: Kimberlie Webb, a Philadelphia Police Officer since 1995 sued for the right to wear hijab on the job. However Judge Harvey Barttle III ruled against Kimberlie . 2008: Toi Whitfield, 20 and Quiana Pugh, 25, were told by a McDonald’s manager in Dearborn, Michigan that they could not work there unless they removed their headscarves.

Rise in Problems after 9/11:

Rise in Problems after 9/11 2009: In Illinois a Citibank security guard harassed a Muslim woman informing her that she could not conduct business at the bank because she wore a headscarf.  A Citibank employee eventually allowed her to do so after escorting her to the counter and looking over her shoulder the entire time. 2010 : Hani Khan, 19, was fired from the Hollister, a clothing store in California for wearing her hijab at work.

Special problems of Muslim workers after 9/11:

Special problems of Muslim workers after 9/11 Case 2 : In 2008 JBS Swift, a meat packing company was sued by the EEOC on behalf of 16 Somali immigrants. The charges were based on complaints that the supervisors threw blood, meat and bones on employees, cursed them for being Muslim, the restroom had profanity-laced anti-Muslim graffiti, interrupted their prayer and meal breaks.

Special problems of Muslim workers after 9/11:

Special problems of Muslim workers after 9/11 Case 3 : Muhammad , an Arab American who works for XYZ Motor Company. Muhammad meets with his manager and complains that his coworker Bill, regularly calls him names like "camel jockey," "the local terrorist," and has intentionally embarrassed him in front of customers by claiming that he is incompetent. How should the supervisor respond?

How to handle religious harassment:

How to handle religious harassment The manager should relay the complaint to the harasser’s manager. Disciplinary action against the harasser must be taken, one that is significant enough to ensure that the harassment does not continue. An organization must have clear and effective policies prohibiting ethnic and religious slurs, and related offensive conduct.

Request for religious accommodations:

Request for religious accommodations In a division of 30 employees, 3 out of 10 Muslim employees approach their supervisor and ask that they be allowed to use a conference room in an adjacent building for prayer. Until making the request, those employees prayed at their work stations. What should the supervisor or employer do ?

What religious accommodation can be made:

What religious accommodation can be made The employer must work closely with its employees to find an appropriate accommodation that meets their religious needs without causing an undue hardship to the business. Example : When the room is needed for business purposes, the employer can deny its use for personal religious purposes. However, allowing the employees to use the conference room for prayers most likely would not impose an undue hardship on the business.

Religious accommodations can be made:

Religious accommodations can be made Employees must be provided with the option to perform prayers during breaks, so that it would not result in an undue hardship. The employer may request employees to make up any work time missed for religious observance. For example, if accommodating 5 employees would not cause an undue hardship but accommodating 6 would impose such hardship, the sixth request could be denied.

EEOC v. Go Daddy Group:

EEOC v. Go Daddy Group In a tech firm in Scottsdale, AZ, Youssef Bouamama alleged that a supervisor asked him where he was from and if he was Muslim. Youssef was terminated a week after he complained about being “grilled” over his national origin and religion. Jury awarded Youssef $250,000 in punitive damages $135,000 in back pay and $5,000 for emotional pain and suffering

Abdullah v. Norwegian American Hospital:

Abdullah v. Norwegian American Hospital Rashidah Abdullah was fired when she complained about harassment at work. Abdullah filed a religious-discrimination lawsuit against her employer and claimed that her employer retaliated against her by terminating her for complaining. Before the lawsuit went to court the employer settled by agreeing to pay $40,000.

Religious accommodation:

Religious accommodation The EEOC settled a charge with a medical practice where a nurse was in a relationship with a Muslim man, converted to Islam and wore a headscarf. The practice paid the employee $35,000, agreed to conduct training on the Federal EEO laws, posted an employee notice regarding the requirements of the anti-discrimination laws, and offered the nurse reinstatement to her position.

Discrimination against Muslims and what to do about it :

Discrimination against Muslims and what to do about it Title VII laws equips Muslims with the legal right to exercise their religious practices and observances within certain limits. The Council on American-Islamic Relations (CAIR) is a premiere US organization that works towards upholding civil rights of Muslims in the U.S, and to prevent discrimination, prejudice and violence against them. CAIR has published a detailed guide for employers on how to accommodate Muslim practices in the workplace. Link: http://www.cair.com/AboutIslam/PublicationDownloads.aspx

Accommodating Islamic religious practices:

Accommodating Islamic religious practices The Mid-Ohio Regional Planning Commission in Columbus provides space for prayer. Disney World introduced RAVE, a company diversity training led by Ismail. It stands for Respect, Appreciate and Value Everyone. The training session is also open to the public.

Good faith efforts towards Muslims:

Good faith efforts towards Muslims Major Islamic holidays are Eid ul-Fitr and Eid ul-Adha . Employees must be allowed to use vacation time or personal days for these holidays. During the month of Ramadan when Muslims observe prayer and fast until sunset, employers may help by adjusting meal breaks or work schedules.

Good faith efforts towards Muslims:

Good faith efforts towards Muslims Juggling Space and Schedules: Example : Muslim employees of the District of Columbia government can take a two-hour lunch break on Fridays to attend prayer services, then make up the time by working an extra hour on another day.

References:

References http://makkah.wordpress.com/2007/05/06/workplace-discrimination-against-muslims-after-911/ http://vaultcareers.wordpress.com/2010/09/27/rising-discrimination-against-muslim-workers/ http://www.nytimes.com/2010/09/24/business/24muslim.html?pagewanted=all http://www.eeoc.gov/facts/backlash-employer.html http://www.csmonitor.com/USA/2009/0911/p02s19-usgn.html/%28page%29/2 http://rapidlearninginstitute.com/hric/anti-islamic-religious-discrimination-in-the-workplace/

Questions ?:

Questions ? Please feel free to direct your question to akanshasharma85@gmail.com Thank you !