Religion & American Law

           JBS is a food processing company located in various areas of the United States. One of its places of operation is in Grand Island, Nebraska. In past years, there has been some contention between the company and its Somali Muslim employees. The Muslim employees believe they should be granted exemptions during the work day to practice their religion, as granted by their rights in the Free Exercise Clause of the First Amendment, but JBS believes this burden on their religion is not as great as the burden the exemptions would have on the company.

            In 2007, about 80 to 100 of the Muslim employees protested working at JBS because the company had denied the Muslim employees’ request to use their “informal breaks”, such as bathroom breaks, to pray. Instead, JBS expected them to pray during scheduled breaks. In addition, in 2008, JBS refused to move the scheduled meal break to a time that corresponded with the sunset prayer time in order to accommodate for the observance of Ramadan.

            This issue was brought to the court by the EEOC, and the decision was made on October 11, 2013. The court decided in favor of JBS, denying the Muslim employees of the exemptions. Judge Camp had to decide whether the accommodation would generate a larger cost for the employer and other non-Muslim employees, or if it would generate a larger religious burden for the Muslim employees. After reviewing the case, Judge Camp decided that the use of “informal breaks” for prayer and the change in meal time would both result in a greater “undue hardship” for JBS than for the Muslim employees. With respect to prayer during informal breaks, if operation of the production lines were not stopped entirely during the prayer breaks, the remaining workers would have the pressure of working faster and harder, which would be hazardous for them. If the production were slowed down during these prayer breaks, the meat would be contaminated after being exposed to the air for a longer span of time. With respect to the change in meal time, JBS argues that a 30-minute break for all employees would provide a situation where the cattle would remain on the “kill floor” for more than 45 minutes, meaning a decrease in the meat’s value, and ultimately a financial loss for JBS.

            The question here is whether this case was decided correctly. Should the Muslim employees have been provided the accommodation for their religious practices during work time? Everyone is entitled to the free exercise of his or her religion, as granted by the First Amendment and the Muslim employees are clearly denied the ability to exercise their religious practices in accordance with their beliefs. Is the “undue hardship” incurred by JBS a great enough concern compared to the burden imposed on the Muslim employees?

            This issue is similar to the matter of contention seen in Goldman v. Weinberger (1986), with regards to hindrances on free exercise of one’s religion. In that case, the Supreme Court decided that Goldman would not be allowed the exemption to wear his yarmulke while on duty in the hospital for the Air Force. The Court argued that there was a compelling state interest for uniformity among the members of the Air Force. They believed the burden imposed on this mission as a result of Goldman wearing the yarmulke was greater than the burden imposed on Goldman’s right to free exercise of religion. Since this court ruling, though, the decision has been altered, in which members of the Air Force are now allowed to wear yarmulkes. In light of this understanding, was the decision in EEOC v. JBS USA the correct one, or is the religious burden great enough to garner an accommodation?

            Though both Goldman v. Weinberger (1986) and the present case appertain to the issue of free exercise of religion while on the job, I believe there is a difference in how they should be decided. While Goldman should have been allowed the exemption to wear his yarmulke, the Muslim employees still should not be granted the accommodation. Knowing that religious discrimination is a significant issue concerning constitutional rights, the employers at JBS needed sufficient reason and evidence to deny the Muslims’ ability to participate in their religious practices while at work. In that respect, JBS had adequate grounds to impose the religious burden on the Muslim employees. The accommodations would not only be detrimental to the success of the company as a whole, but would also burden the non-Muslim employees that would have to make up for the work missed while the Muslim employees left for prayer. While I do see that the Muslims feel this decision denies them of their constitutional rights, the accommodations for the Muslim employees would have too large a harmful, though unintended, effect on the company and employees that ultimately outweighs the Muslim employees’ rights to practice their religion.