Gold'n Plump decision sent signal from government

It was billed as a compromise, but leaders of the Somali Muslim community are cheering a federally mediated settlement that would require Gold'n Plump Inc. to make new accommodations for their religious practices.

Some experts on labor law say the settlement is an indication of how the U.S. Equal Employment Opportunity Commission (EEOC) will approach a recent surge of religious discrimination complaints from Muslim workers. Nationwide, such complaints to the EEOC have more than doubled over the past decade, from 398 in 1997 to 909 in 2007.

"This sends a message that employers must respect the beliefs of every minority in America -- including Muslims," said Owais Bayunis, president of the Islamic Center of Minnesota in Fridley.

Under the terms of the agreement, which awaits approval by a federal judge, St. Cloud-based Gold'n Plump agreed to provide an extra 10-minute break each day for some of the 500 workers at its Cold Spring plant. It also agreed not to demand the handling of pork products as a condition of employment at the plant, which handles some chicken products that are stuffed with ham.

Many Muslims consider pigs unclean and view selling or handling pork products as violating their religious beliefs.

After details of the settlement emerged, Gold'n Plump moved Wednesday to dispel the idea that it had agreed to make special accommodations for Muslim workers.

Gold'n Plump spokeswoman Lexann Pryd-Kakuk said the new break times would apply to all who work in a designated portion of the plant, regardless of religious faith. And she noted that the company did not agree to demands by Muslim workers that they be allowed to leave the Cold Spring plant's processing line whenever they wanted to pray.

"We viewed this [settlement] as an opportunity to satisfy the needs of many employees, and not just the few," she said.

Even so, some local Somali leaders and employment law experts described the settlement as a breakthrough. Many Muslims pray five times a day, and the times vary according to the length of the day. Some Somali women also say tradition requires them to wear loose-fitting skirts and head scarves. Some employers have resisted making accommodations for such customs, which can make scheduling difficult, interfere with a company's uniform policy or pose safety risks in certain jobs.

Unlike a judicial decision, the settlement with Gold'n Plump has no force of law. But it does indicate that the EEOC is willing to intervene and pressure employers to make "reasonable accommodations" for religious practices.

The EEOC spent a year negotiating with Gold'n Plump before reaching an agreement in principle Aug. 27. The agency also filed a lawsuit this week in Minneapolis accusing Gold'n Plump of failing to accommodate some of its employees' religious beliefs, "particularly by prohibiting them from prayer."

And the agency filed a separate lawsuit accusing the Work Connection, a St. Paul-based employment agency that hired workers for Gold'n Plump, of requiring Muslim job applicants to sign a form acknowledging that they might be required to handle pork.

Roy Ginsburg, a Minneapolis-based labor attorney with Dorsey & Whitney, said the EEOC's actions illustrate how it will address religious discrimination in the workplace.

"It would be prudent for companies to adopt policies that are consistent with the approach taken by the EEOC in this particular litigation," Ginsburg said. "Otherwise, you're inviting [the EEOC] to focus their energy and attention on you."

But Karen Schanfield, a labor and employment law attorney with Fredrikson & Byron in Minneapolis, questioned whether the settlement would have implications outside of Gold'n Plump. She noted that federal laws protecting workers from religious discrimination are vague and require only that employers make "reasonable accommodations" for workers' religious beliefs.

"These cases always turn on their own facts and circumstances." she said.

Chris Serres • 612-673-4308