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Muslim Prayer in Maryland

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Several Muslim employees want to take breaks every day to pray.  Do I have to allow this in

Maryland?

Federal law requires that you allow for these breaks in most cases, provided it does not cause you “undue hardship”, in Maryland as in other states.

You must make “reasonable accommodations” for “sincerely held” religious beliefs.

Several discrimination cases have supported this position.

The law that applies is Title VII of the Civil Rights Act of 1964. Title VII does not allow religious discrimination at work. You as an employer must permit religious expression.

The terms “undue hardship,” reasonable accommodation,” and “sincerely held” need to be examined.

First, “undue hardship.” Usually, there is already an allowance for breaks at most work places, whether restroom breaks or coffee breaks. If you had only one employee, a Muslim, and his prayer breaks required that you hire another employee, that might be considered an “undue hardship.” Such situations are unusual, however.

“Reasonable accommodation” might involve one that may incur an additional cost, but one that is not unusually costly. Outfitting your uniformed Muslim female employees with loose-fitting slacks might be a reasonable accommodation, but a $10,000 designer wardrobe would not be.

What is evidence of a “sincerely held” religious belief? An employee might show that he or she at least occasionally attends a religious service or other religious activity. Simply pretending to be a member of one faith one week, another on another week, and a third on a third week in order to get more holidays off would obviously not be a “sincerely held” belief.

You already allow your workers to take breaks, and, outside certain limits, you are not concerned with what they do during that time. Your smokers may be taking smoke breaks. That time may add up to more than the time your followers of Islam devote to prayer. Christian employees may spend their breaks studying the Bible. Atheists may be reading Darwin. You have no objection to any of these activities. Why would you prohibit followers of Islam from taking time for their required prayers?

Some employers provide a quiet space for Muslim prayer. Other employees use that same area at different times for retreat and reflection.