School Sued over Muslim Teacher's Pilgrimage

[ICYUNVMe]

School Sued Over Muslim Teacher's Pilgrimage



(AP) The federal government sued a suburban Chicago school district Monday for denying a Muslim middle school teacher unpaid leave to make a pilgrimage to Mecca that is a central part of her religion.

In a civil rights case, the department said the school district in Berkeley, Ill., denied the request of Safoorah Khan on grounds that her requested leave was unrelated to her professional duties and was not set forth in the contract between the school district and the teachers union. In doing so the school district violated the Civil Rights Act of 1964 by failing to reasonably accommodate her religious practices, the government said.

Khan wanted to perform the Hajj, the pilgrimage to Mecca in Saudi Arabia which every adult Muslim is supposed to make at least once in a lifetime if they are physically and financially able to. Millions go each year.

Khan started as a middle school teacher for Berkeley School District 87 - about 15 miles west of Chicago - in 2007. In 2008, she asked for almost three weeks of unpaid leave to perform the Hajj. After the district twice denied her request, Khan wrote the board that "based on her religious beliefs, she could not justify delaying performing hajj," and resigned shortly thereafter, according to the lawsuit filed in federal court in Chicago.

Berkeley School District compelled Khan to choose between her job and her religious beliefs, the lawsuit said.

The government asked the court to order the school district to adopt policies that reasonably accommodate its employees' religious practices and beliefs, and to reinstate Khan with back pay and also pay her compensatory damages.

In November 2008, Khan filed a complaint with the U.S. Equal Employment Opportunity Commission, which found reasonable cause that discrimination had occurred and forwarded the matter to the Justice Department. The case is the first brought by department in a project to ensure vigorous enforcement of the 1964 act against state and local governments by improving cooperation between the Equal Employment Opportunity Commission and the department's civil rights division.

[جوري]

Hope she wins the lawsuit insha'Allah!

[ICYUNVMe]

I don't know how long a lawsuit like this would take to process. I'm guessing its going to be a little while before we become aware of any resolution.

[جوري]

I am sure she'll find another teaching position. It wouldn't matter how long it takes for the wheels of justice to turn, so long as positive change comes of it. She was asking for an unpaid leave to fulfill a religious obligation not an all expenses paid vacation to the canary islands.

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[ICYUNVMe]

I am sure she'll find another teaching position. It wouldn't matter how long it takes for the wheels of justice to turn, so long as positive change comes of it. She was asking for an unpaid leave to fulfill a religious obligation not an all expenses paid vacation to the canary islands.

This is very true. However, if the judge determines that the Hajj is "excessive" and not a "reasonable accommodation" then she will probably lose the case. It's a tough call. I don't know who is going to be defending her and I don't know if there's any info on who the judge could be.

[جوري]

"excessive" and not a "reasonable accommodation"

I have no idea what either of those terms mean in the context we are speaking of (I think you probably just wanted to throw them in there to create an issue)--This however is a judicial matter now and speculative conjectures will serve no one. Everyone should be allowed an unpaid vacation to perform their religious obligations, bury their dead, get over an illness or whatever the matter of personal nature entails. It isn't at all unreasonable and if the judge can see a broader picture where many would fall under this umbrella and s/he isn't an islamophobic warmongering ass then s/he'll probably see it that way too.

[ICYUNVMe]

I have no idea what either of those terms mean in the context we are speaking of (I think you probably just wanted to throw them in there to create an issue)--This however is a judicial matter now and speculative conjectures will serve no one. Everyone should be allowed an unpaid vacation to perform their religious obligations, bury their dead, get over an illness or whatever the matter of personal nature entails. It isn't at all unreasonable and if the judge can see a broader picture where many would fall under this umbrella and s/he isn't an islamophobic warmongering ass then s/he'll probably see it that way too.

I'm not creating an issue. Its in the main article that I copied. The Civil Rights Act of 1964 states that institutions have to "reasonably accommodate" people's religious beliefs. The basis of the lawsuit is that this woman's rights were violated in relation to the Civil Rights Act. Now, if the judge determines that a trip to Mecca is not "reasonable", then she would lose her case. Its pretty straightforward. Nothing I said there was inflammatory.

[جوري]

actually this is what you wrote:

"excessive" and not a "reasonable accommodation"

I don't see it as inflammatory anymore than I see it relevant or even congruent to the subject.. and as I stated in my previous post, it is a judicial matter now so nothing further to impart.. I am glad she's going ahead with it and we're hoping for the best outcome!

all the best

[MartyrX]

I hope she wins.

[Perseveranze]

Asalaamu Alaikum,

She should win, Hajj is something you can only do once a year at a specific time, if her work never allowed her to go this year, what's the chances they will allow her to go next year? Death could come at any time,, on top of that, Hajj is obligatory to every able Muslim to do once in their lifetime, so I think she certainly has a strong case here.

[GuestFellow]

:sl:

I would have left the school. I hope she wins.

[جوري]

I would have left the school. I hope she wins.

I have to assume that since they denied her pilgrimage leave that if she left anyway she'd have been fired.. so in that regard it is better to resign than to be fired..

and Allah swt knows best

:w:

[CosmicPathos]

may Allah swt give her a success and make this case a slap on the face of islamphobes at workplace and professional schools.

[ya.azad]

Well that's some baloney.
She will win though, in all likelihood, partly due to her being in Chicago and not Arkansas...

[Ramadhan]

I hope she wins and that school has to pay her a ridiculous amount of money Insha Allah.
only Allah SWT gives rizq, so by fulfilling Allah command, she will get much much better replacement than that awful school Insha Allah.