Recruiting Agency Sued for Not Hiring Applicant Who Wanted to Attend Prayer
October 29th, 2024
In October of 2024, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit against a recruiting agency – claiming that the organization had rejected an applicant due to religious discrimination. This case seems to stem from the applicant’s desire to attend prayer services in the middle of a workday – and it could prove to be yet another important precedent in U.S. employment law.
Why is This Recruiting Agency Being Sued?
The recruiting agency reportedly scheduled an interview with the candidate based on the “strength of his application.” The interview went well, and the company immediately began to explore job opportunities on behalf of the applicant. However, a problem occurred as the recruiting agency was trying to organize work for the applicant. During this process, the applicant revealed that he wanted to attend a Friday prayer service at midday each week. He stated that this might require him to have a longer-than-normal lunch break – especially if working at a location far from a mosque.
The applicant is Muslim, and Friday Prayer is a requirement in the Islamic faith. Also known as “Salatul-Jumu’ah,” this prayer service involves bathing, dressing in one’s best clothes, wearing perfume, and assembly at a mosque. According to various sources, Friday Prayer should take about 40 minutes to complete. However, this depends on various factors. First of all, the speech can vary in length depending on what the person leading the prayer (typically an imam) wants to say.
One must also consider the travel time necessary to reach a nearby mosque. The start time of Friday Prayer may also vary, and various sources state the best time to start this prayer is “after the sun has passed the meridian.” Due to this requirement, mosques may begin Friday Prayer at different times.
Will All Muslims Be Allowed Longer Lunch Breaks on Friday?
All of these complexities may work in the employer’s favor during the EEOC lawsuit. The goal of the company is to show that giving this applicant a longer lunch break on Fridays represents an “undue hardship.” If they can establish this, they may avoid consequences due to the undue hardship exception for religious freedoms in the workplace.
Generally speaking, lunch breaks last 30 minutes. This is clearly not enough time to attend Friday Prayer – and Muslims probably need at least an hour to attend. Various sources state that unless employers can establish that Friday Prayer represents an undue hardship, they must give their Muslim employees enough time during lunch to attend this service.
This case is similar to a much higher-profile lawsuit filed by a postal worker in the United States. This employee of the USPS argued that he should receive Sundays off due to his evangelical beliefs – and the Supreme Court ruled in his favor. If a postal worker can get an entire day off work each week due to his religious beliefs, one would assume that the same rights extend to a longer lunch break each week for Muslims.
Keep Informed with the Universal Life Church
Each month, various cases test the nature of religious rights in this country. While the basis for many religious rights is the United States Constitution, there are still countless cases that question the exact nature of these rights. The Universal Life Church’s blog is focused on documenting the most noteworthy of these cases in an objective manner that can be easily understood by readers.