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US regulator: Muslim drivers can't be sacked for refusing to haul spirits
WITHOUT identifying defendants, Colin Barrett, Barrett Transportation Consultants of South Carolina, has warned of a new regulatory threat coming from the Equal Employment Opportunity Commission (EEOC) regarding the religious rights of Muslim truck drivers.
In the face of Muslim drivers refusing to haul alcohol, the carrier fired them, but the EEOC said this was religious discrimination and therefore illegal under Title VII of the Civil Rights Act of 1964.
The EEOC has filed a lawsuit to have the carrier declared in violation of the law for firing the drivers. This case is pending in court, said Mr Barrett, in response to a reader's question to the Journal of Commerce.
Said the reader: "We, too, are motor carriers. Sometimes we also handle shipments of alcohol, and we have several drivers who are Islamic. So far none of our drivers has expressed a problem with any of our loads, but I'm concerned about the impact of this EEOC ruling. Can you give me some guidance?"
Said Mr Barrett: "It isn't the first time this issue has come up before the EEOC, but the previous case was settled out of court so it isn't binding on anyone. In fact, nothing the EEOC does is binding on anybody until and unless the agency goes to court and has its position upheld, which is where this matter is now.
"In my opinion, the EEOC is unlikely to prevail. The statute does require employers to make reasonable accommodations, even if such conduct would ordinarily be cause for dismissal if not prompted by religious considerations, provided they can do so without undue hardship. This has been applied to working on the Sabbath or wearing religiously ordained garb.
"This is different. The drivers aren't being asked to consume alcohol, so it goes beyond personal conduct. It falls under the heading of imposing their personal beliefs on others and the law doesn't allow for that." Mr Barrett said.
If the EEOC ruling is upheld, a Jewish driver might decline a load containing pork or shellfish, a Hindu driver might refuse to move beef, a Mormon might not be willing to handle coffee or tea, he said.
In the face of Muslim drivers refusing to haul alcohol, the carrier fired them, but the EEOC said this was religious discrimination and therefore illegal under Title VII of the Civil Rights Act of 1964.
The EEOC has filed a lawsuit to have the carrier declared in violation of the law for firing the drivers. This case is pending in court, said Mr Barrett, in response to a reader's question to the Journal of Commerce.
Said the reader: "We, too, are motor carriers. Sometimes we also handle shipments of alcohol, and we have several drivers who are Islamic. So far none of our drivers has expressed a problem with any of our loads, but I'm concerned about the impact of this EEOC ruling. Can you give me some guidance?"
Said Mr Barrett: "It isn't the first time this issue has come up before the EEOC, but the previous case was settled out of court so it isn't binding on anyone. In fact, nothing the EEOC does is binding on anybody until and unless the agency goes to court and has its position upheld, which is where this matter is now.
"In my opinion, the EEOC is unlikely to prevail. The statute does require employers to make reasonable accommodations, even if such conduct would ordinarily be cause for dismissal if not prompted by religious considerations, provided they can do so without undue hardship. This has been applied to working on the Sabbath or wearing religiously ordained garb.
"This is different. The drivers aren't being asked to consume alcohol, so it goes beyond personal conduct. It falls under the heading of imposing their personal beliefs on others and the law doesn't allow for that." Mr Barrett said.
If the EEOC ruling is upheld, a Jewish driver might decline a load containing pork or shellfish, a Hindu driver might refuse to move beef, a Mormon might not be willing to handle coffee or tea, he said.
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