EDITORIAL : THE DAILY USA TODAY, USA

Our view: Teacher's hajj needn't be a federal case

In August 2008, nine months into her job as a math teacher in Berkeley, Ill., Safoorah Khan made an extraordinary request: three weeks off in December for a pilgrimage to Mecca, known as the hajj in her Muslim faith.

OPPOSING VIEW: Accommodate teacher's religion
The school board said no — not an unreasonable reply to a relatively new employee whose leave would occur at a critical time, the end of a semester. Khan quit, went on the pilgrimage and lodged a religious discrimination complaint. The Justice Department has now intervened on Khan's behalf against the school board.
So what could have been a teachable moment has instead turned into yet another federal lawsuit.
The nation's civil rights laws require that employers make reasonable accommodations for workers' religious beliefs unless they create an "undue hardship." That's as it should be. But the law doesn't say any accommodation, and workers have responsibilities, too.

Few new employees would expect to get three weeks off — particularly at a crucial time of year, and particularly when the job gives them three months off every summer. And few would quit if they didn't get their way, then turn around and charge their employer with discrimination. In fact, to recover damages, such workers must show that the employer made the workplace so intolerable that a reasonable person would be compelled to quit. That's a high hurdle.
The sad part of this controversy is that some common sense on all sides might have averted a trip to federal court. As U.S. society becomes more diverse, employers need to show a healthy respect for all religions, including Islam. Across the country, employers have learned that they can't routinely deny requests for Muslims or other workers to wear religious head coverings, such as scarves. Courts have also ordered employers to provide leaves of up to two weeks for workers to attend the Worldwide Church of God's Feast of Tabernacles. At the same time, workers need to understand that certain jobs require the kind of flexibility that Khan failed to demonstrate.
Yes, all able-bodied Muslims who can afford it are supposed to make a pilgrimage to Mecca, in Saudi Arabia, once in their lifetimes during a prescribed eight-day period that falls at a different time each year. And, according to her lawyer, Khan, 29, believes she had to make the pilgrimage as soon asshe was financially able. But even Muslim scholars disagree on what's required and when.
Knowing she would want to go on Dec. 1, 2008, couldn't Khan have told her prospective employer before she took the job? When she asked for unpaid leave, Khan said she might be able do the eight-day hajj plus travel in less time but sought three weeks "to be on the safe side." Shorter would have been safer.
As for the school, the then-superintendent denied Khan's request in a letter, saying the leave wasn't related to her "professional responsibilities" and wasn't specified by the union contract. Perhaps, in a show of goodwill, the board could have offered Khan an opportunity to go the following year, when the hajj overlapped with the Thanksgiving holiday and the school would have had more time to prepare for her absence.
Religious freedom is a proud part of America's heritage. But teachers also have a responsibility to their communities and their students. When those conflict with religious beliefs, my-way-or-the-highway attitudes shouldn't be part of the lesson plan.

Opposing view: Accommodate teacher's religion

The Muslim pilgrimage, or hajj, commemorates the trials of the Prophet Abraham and his family. According to the Traditions of the Prophet Mohammed, Muslims must make the pilgrimage at the earliest opportunity in their lives because those who delay might be unable to go later, dying as sinners. Safoorah Khan, a teacher in Berkeley, Ill., takes her religion seriously.

OUR VIEW: Muslim teacher's leave request needn't turn into federal case
Once Khan could afford the pilgrimage, she told the Berkeley Board of Education in mid-2008 that it was a religious requirement to make the pilgrimage as early in life as possible. The hajj fell in mid-December of 2008. Khan explained she wanted 15 school days off (19 days counting weekends), but that she'd return sooner if necessary.

In response, the board didn't ask Khan why her religion required her to go that December. The board didn't ask Khan how soon she could be back. The board didn't say Khan's absence would harm her students. The board just said such leave was not authorized by the collective bargaining agreement. End of discussion.

Ironically, the board gave longer leaves to two other teachers during the same period (one from Nov. 3, 2008, to Feb. 6, 2009, and the other from Nov. 22, 2008, to Feb. 15, 2009) for secular reasons. In fact, the board regularly gives teachers leaves for secular reasons. There's no harm to students because the school district has excellent substitute teachers. If Khan's leave had been approved, she would have familiarized the substitute teacher with her classroom, students and lesson plans.
Khan resigned so she could make the required pilgrimage. As expected, an excellent substitute teacher filled in for Khan, and everything worked out just fine for Khan's students.
Because Khan was out of a job, she filed a complaint with the Equal Employment Opportunity Commission, which turned the case over to the Justice Department. After a lengthy investigation, the department asked the board to rehire Khan. The board refused to talk, perhaps expecting Khan to just go away.
Justice filed a federal suit on Khan's behalf, leveling the playing field between David and Goliath, between Khan and the school board. Many good cases don't get filed because the little guy doesn't have the resources to challenge powerful corporations and governmental bodies. Next time an employee needs a religious accommodation, hopefully the Berkeley board will be willing to talk.