Muslims file religious discrimination complaint against Ariens Co. in Brillion

An Islamic group representing Muslim employees at Ariens Co. in Brillion has filed a religious discrimination complaint against the company for not allowing prayer breaks.

Earlier this year, the manufacturer of snowblowers and lawn mowers fired seven Muslims for taking unscheduled prayer time, while 14 other employees resigned over the issue.

More than 50 Somali immigrant Muslims at Ariensprotested the company’s enforcement of a policy of two 10-minute breaks per work shift -- without accommodations for unscheduled prayer time.

Fifteen of the Muslims are now represented by the Council on American-Islamic Relations (CAIR) that on Tuesday filed the religious discrimination complaint with the Milwaukee office of the U.S. Equal Employment Opportunity Commission (EEOC).

By law, an employer must provide “reasonable accommodations” for religious practices, provided they do not result in a hardship for the employer.

“Prior to January 25, 2016, Ariens permitted Muslim employees to individually leave their workstations one at a time to pray after notifying and receiving permission from their supervisor,” CAIR said in a letter that accompanied its complaint to the EEOC.

Ariens Co. could not be reached for comment on the complaint Tuesday.

Earlier, the company said it had prayer rooms for workers on their regular breaks and that it provided reasonable accommodation for religious practices.

Federal officials could take months to investigate the employees’ claims of discrimination under Title VII of the Civil Rights Act of 1964, which requires employers to accommodate sincerely held religious beliefs.

Once the investigation is complete, regardless of the outcome, CAIR will have the right to file a federal lawsuit on behalf of the 15 Muslims, said Maha Sayed, attorney for the Washington, D.C.-based organization.

Should there be a lawsuit, Sayed said, CAIR would seek back pay for the fired employees. Also, it could seek other compensation for the fired employees and punitive damages against Ariens.

A lawsuit could seek to get the former employees rehired, but that’s not practical if they have moved on to other jobs, or if Ariens is hostile to their return, according to Sayed.

Earlier, the company “created a hostile work environment” where Muslim employees were subjected to a pattern of adverse work terms and conditions, according to CAIR.

The EEOC could offer to mediate the dispute between Ariens and the fired Muslims, or the two parties could settle it on their own.

In similar disputes, CAIR said, out-of-court agreements were reached with employers.

The Muslim employees wanted Ariens to continue a previous, more lenient practice of allowing them to leave their work stations at different times — such as at dawn and sunset — to pray as their faith requires of them.

Ariens said it was sticking with a policy that does not accommodate special prayer breaks, despite having bent the rules earlier.

With more Muslims on the assembly line, the company said earlier, unscheduled work breaks of more than a few minutes could cost it a considerable amount of money in lost productivity.

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