Discriminatory Practices against Muslims in the American Workplace

Abstract

The terrorist attacks of September 11, 2001 in the United States by radical extremists have brought about more discrimination and harassment in the workplace toward Muslim employees. This article examines civil rights law in the United States as applied to the religious discrimination and harassment of Muslim employees. The article closely examines the legal prohibitions against religious discrimination and religious harassment against employees in the context of Muslim employees. The extraterritorial effects of U.S. anti-discrimination laws are also explored for American firms and expatriates operating abroad. The employer's duty to accommodate the religious needs and practices of its employees is analyzed as is the undue hardship limitation on the accommodation duty. The authors provide specific suggestions on how to accommodate reasonably the religious needs, observances, and practices of Muslim employees. Recommendations are offered for how to avoid legal liability pursuant to anti-discrimination and harassment laws.