US Sues School Over Denial Of Muslim Pilgrimage

One of the stories said the Feds are involved because it is running some sort of pilot project where it takes a harder look, apparently, as Title VII cases that violate the free-exercise-of-religion clause of the Civil Rights Act. Not that this is the first time the DOJ has ever taken up a case like this. As its spokeswoman noted, they've done it for all the major faiths, though in most cases it ends up in consent decrees (as in, a settlement is made before the government sues anybody).

Whatever the religious affiliation of the school board and employees, I bet they're wishing right now they just granted her the damn leave.

As an aside, my kids' school district has a sizable Muslim population (some more sizable than others wocka wocka wocka), and the Muslim mothers of those Muslim children were among the moms falling over each other to get pics and video of their kids singing Christmas carols at our elementary school's winter program. The community has been around long enough that, for the most part, relations are genial, and everyone is respectful.

 

It's easy to just say that the courts will decide and question why there's outrage.

But, a lawsuit brought upon you by the Justice Department is a very big deal.

First of all, you've been accused of violating federal law by the Feds themselves.

The Feds will have unlimited resources at their disposal to litigate this case. The local school board will not.

The lawsuit in itself is intimidating and will lead other school systems, governments, and even private employers to think twice before making decisions.

Maybe the Feds will win, maybe their will be a settlement, or maybe they'll even lose, but the effect will be felt regardless.

And, the Muslim factor cannot be ignored either. Whether it's this woman, the girl at Disney World who decided that she needed to wear the hijab, cab drivers in Minneapolis who don't want to allow seeing eye dogs in their cabs, or college students in Michigan who demand foot baths at public schools, we are being asked to make accommodations to Muslims that had previously never been considered.

Where do we draw the line on "reasonable"? To what lengths should we go, and if we agree to three week leaves of absences for school teachers that want to make the Hajj, what will we be required to "accommodate" next?

And, we can't ignore that there is a small, but dedicated group of Muslims who are determined to see, not just America, but the entire world live under Sharia law.

They use our own court system to advance their cause. We're not there yet, but this is their goal, and they will not stop with this case.

And, the Justice department is being used to advance their cause. That is disgraceful.

A three week leave of absence has never been considered a "reasonable accommodation". We've had Muslims living in America since our founding, and this has never come up.

If we make this a crime, what will be next?

And, the unintended consequences are easy to see. What school district, or other employer will want to bring a Muslim employee on board when it can lead to this kind of situation?

 

And there it is.

 

There are laws that specifically address maternity leave. They spell out the rights for mothers and fathers. They cover adoptions.

If an employer is supposed to allow leave for religious pilgrimages, let Congress -- or individual states --spell that out in law. That's how maternity leave works.

To have the federal government involve itself in a local school board decision is ludicrous. If it's so clear, codify it. Don't put the school board in a position where their decision can lead to a federal lawsuit.

But, the public would not favor such a law, and so the Feds are freelancing and are looking to use the courts to change law.

 

I'm very pleased to see threads that allow people to be Muslim concern trolls are allowed, but threads in which other religions are attacked are not.

Good to know.

 

How on earth is the justice department issuing this lawsuit possibly advancing a small group of Muslims' cause of having everyone live under sharia law?

 

The law is *very* clear. The schoolboard did not follow it.

 

They are both something the Muslims want. How much clearer could the connection be?

 

Please cite the law.

Does it require anything beyond a reasonable accommodation?

And, has a reasonable accommodation ever previously been defined in such a way as to require a 19 day leave to attend a 5 day, annual event, the presence at which is only required one time in a person's life.

It seems clear to me that this woman could have reasonably accommodated her employer by requesting a shorter leave or attending in a future year that would not conflict with the school calendar.

What was unreasonable about the school's decision?

Her ability to practice her religion was not infringed in the least.

 

YF -- if the school simply said no, then it fails the reasonable accommodation test. I'm curious if anyone ever thought to consult an attorney after this came up. I'm going to guess, no.

 

They probably should have come to her with a counterproposal.

If they had said that they could have given her two weeks, but not 19 days, they could probably claim to have made a reasonable accommodation and if they didn't they're dumb, but not necessarily unreasonable.

Or, maybe they could have told her that it wouldn't work this year because it was during the time she needed to be preparing her students for mid-term exams, but that if she wanted to go in a future year when the schedule was different, they would be able to accommodate her request.

But, I don't think that you should be able to seek an unreasonable accommodation and then expect the Justice Department to launch a lawsuit on your behalf when such a request is turned down.

Is denying an unreasonable accommodation the same as not making a reasonable accommodation?

 

You're making sense. You're citing facts. Don't confuse people.