EEOC sides with two Muslim truck drivers who refused to deliver loads containing alcohol. Eugene Volokh say no, but I think Pam Geller of Atlas Shrugs gets this exactly right. This is a common practice used by the political left to enshrine things that would never pass muster in a election. Via perhaps the greatest pure legal blog, The Volokh Conspiracy:
That’s the argument made in EEOC v. Star Transport Co. (C.D. Ill. filed May 29, 2013), a lawsuit brought by the EEOC on behalf of two employees, Mahad Abass Mahamed and Abdikarim Hassan Bulshale. (Thanks to Prof. Howard Friedman (Religion Clause) for the pointer.)Pamela Geller (Atlas Shrugs) condemns this, writing, among other things,
Islamic supremacists chip, chip, chip away at the establishment clause, and in doing so, impose Islam on the secular marketplace. Muslim lawsuits against Hertz, Wal-Mart, Target, Disney and a host of other American businesses for special rights, special accommodation have been largely successful creating a special rights for a special class of people — which is an accordance with Islam (in which Muslims are superior to the kuffar). But it goes against every American tenet of individual rights and separation of mosque and state. Someone ought to remind the EEOC that their name is Equal Employment Opportunity Commission. Equal as in no special rights for any particular class.
The responsibility, however, lies not in the EEOC, but in the Congress, specifically in the Congress that in 1972 required employers to make “reasonable accommodations” that exempt religious objectors from generally applicable work rules. I summarize some of the general rules imposed by federal religious accommodation law here, but the brief summary is this: An employer must give religious employees special exemptions from generally applicable job requirements if (1) the requirements interfere with an employee’s sincerely felt religious obligations and (2) such an exemption doesn’t impose “undue hardship on the conduct of the employer’s business.” 42 U.S.C. § 2000e(j); TWA v. Hardison, 432 U.S. 63 (1977). As one might gather, this was not enacted at the behest of “Islamic supremacists,” though other religious groups certainly did support this.
Remember that Muslim cab drivers have been denying service to people with seeing-eye dogs.