Safoorah Khan had taught middle school math for only nine months in this tiny Chicago suburb when she made an unusual request. She wanted three weeks off for a pilgrimage to Mecca.
The school district, faced with losing its only math lab instructor during the critical end-of-semester marking period, said no. Khan, a devout Muslim, resigned and made the trip anyway.
Justice Department lawyers examined the same set of facts and reached a different conclusion: that the school district’s decision amounted to outright discrimination against Khan. They filed an unusual lawsuit, accusing the district of violating her civil rights by forcing her to choose between her job and her faith.
Will the Justice Department support a teacher who believes that he has a religious obligation to attend a daily Christian religious service during school hours?
On the one hand, I am thrilled the Justice Department wants to make clear that one’s may not prevent expression of one’s faith. On the other, I really don’t understand this – did she have three weeks’ vacation saved up (being in her first year of employment)? – did she make her employer aware she would need this particular three weeks off when she applied for or took the job? – do I have the same rights she apparently had?
If she wants to take vacation time and the school can arrange a sub, I’m all for it. However, there are other considerations. For example, she has only worked there nine months. In many new positions, you’re “under probation” for a year. It is not the time to request out-of-the-ordinary requests for leave.
As for “discrimination” I demand that my employer give me Holy Week off. Otherwise, they’re violating my Civil Rights. You think the Justice Department would take up my case? I doubt it.
so amusing……politically correct souls will back the request……..but not want to ask what the teacher may think re certain ‘hot button’ issues………. much easier to attack sleepy Episcopalians on those………
Well, as I understand Islam, a Muslim must make a pilgrimage to Mecca once in a lifetime to satisfy that Pillar of Islam. What this article fails to cover is why it was so crucial for her to do it this year. I presume she wasn’t on her deathbed.
I can’t imagine the Justice department going to bat for Christian teachers who want to take the week of Holy Week off or for Jews who need Chanukah or Passover off. She wasn’t tenured after 9 months, so I don’t see the problem here. She chose to resign. Going to Mecca is not a civil right. I don’t understand the Justice Dept.’s legal standing here.
All you need to know is…Eric Holder. All the anti-white racism, anti-christian bigotry, and pro-muslim bias is summed up in that name. You can do something about that in 2012.
Archer said it first: Islam demands a minimum of one pilgrimage. All followers of Mohammed did not attend Mecca this year. Therefore, there is no necessity for this year to be the only year. If this adherent had any sense of community commitment and dedication as a teacher, they would see there was a need NOT to go this particular year. Unlike the situation of a sudden family death, Wisdom, and perhaps proper counsel and dialogue with superiors and colleagues, would suggest making even one year’s notice of intent so that the school had plenty of forewarning, and thus time to secure an adequate classroom replacement.
Like all the rest of us who intend to be absent from regular duties of life for an extended period of time.
This will all come down to what the school district’s policy has been for other teachers. If the district has been fair and even handed in the past, they will win. On the other hand, if they grant someone’s request for three weeks unpaid leave so they can have their son’s bar mitzvah in Israel (or even less weighty reason) but they wouldn’t let this woman go to Mecca, they’re going to lose.
If you are really interested in a temperate discussion of the law governing this, I recommend:
http://volokh.com/2010/12/14/department-of-justice-enforces-the-sharia-sues-illinois-school-district-for-muslim-teacher-hajj/
My disagreement with Prof. Volokh is that I think the somewhat flexible nature of the requirement to engage in the hajj (i.e., sometime during one’s life) would be weighed against the hardship the school district would experience – getting a replacement in a technical field at the end of term. He notes the WCOG case, but there the adherent was required to take a leave of absence on an annual basis, not merely once in a lifetime.
Nevertheless, it’s hard to really evaluate based on a news report and a bare-bones complaint.
I hope all Christian teachers realize that this sets up one of two things:
1. All of them are guaranteed to have Holy Week off;
2. If not, they can get rich off a civil rights lawsuit.
Same for Jewish teachers–feel free to demand at least a month off to prepare for the Day of Atonement…
DUH