Controversy continues to simmer over last week’s firing of 25 people who worked for Hertz, a national rental car company.
Earlier this month the company suspended 34 Somali Muslim shuttle drivers at its Seattle-Tacoma International Airport location, claiming the employees conducted their daily prayers on the company clock.
A spokesman for Hertz said the employees refused to clock out during those prayers, and that they went far beyond the allowable 10 minute break time, violating company policy.
“We felt it was reasonable for our Muslim employees who need to pray a couple of times during the workday to clock in and clock out,” Rick Broome, a spokesman for Hertz, said in a statement sent to the Associated Press.
Last week Hertz presented an ultimatum to the 34 Muslim drivers; either get in line with a new clock-out agreement, or get another job. Nine of the employees signed the agreement, and the others who did not were promptly sent letters of termination.
Supporters of the employees have pledged to take legal action, saying Hertz has discriminated against them because of their faith.
Teamsters Union Local 117, which represents the drivers, claims Hertz agreed during contract negations that its members would not need to clock out during prayer breaks. The company, Teamsters say, has reneged on its word. It could have simply issued a warning instead of jumping immediately to suspension.
“Hertz didn’t follow their own internal policy,” said Paul Zilly, a Teamsters spokesman. “Whenever there’s a change in working conditions and there’s a collective bargaining agreement in place, it’s their legal obligation to notify and bargain with the union over those changes.”
Broome dismissed any suggestion that the company singled out the employees because they are Muslims. He noted that Muslim workers who actually followed the policy and clocked out were never suspended.
“It’s not about religion, it’s not about prayer; it’s about reasonable requirements,” Broome said. “The failure of many employees to return to work promptly after prayers had created an unmanageable and unfair work environment.”
The incident involving the Hertz employees has touched off a national debate about the extent at which individuals can practice their faith without conflicting with the policies of their employers.
Imam Mikal Saahir of Nur-Allah Islamic Center in Indianapolis noted that franchise businesses such as a car rental agency, are often operated independently. Though they carry the same name, each location may not be part of a franchise chain; therefore, they may not be obligated to the same employment laws and restraints as larger businesses and corporations.
“Knowing the make-up of the Islamic prayer, which takes anywhere between five to 10 minutes, it is very hard to understand where Hertz is having problems with anyone saying such prayers in a typical eight hour shift,” Saahir said. “Employees who smoke, which would require them to take a break outside, would take the same amount of time as it does for a Muslim to say their prayer.”
Saahir said that since the Sept. 11, 2001, terrorist attacks Muslims have been placed under unfair scrutiny for partaking in small acts such as prayer.
“If the employees were using their break time, whether paid or non-paid, there is no infraction of the work day,” he said. “The Muslims praying during their breaks should in no way hinder the operation of Hertz. You would think that Hertz would be glad to have praying employees. People who are diligent to prayer most often are honest and efficient employees.”
According to the Five Pillars of Islam, guidelines for worship and daily life followed by most Muslims, believers are to incorporate five prayers into their schedule, from sunrise to when they retire for the evening.
With the average shift at most jobs being eight hours, Muslims might have one or two of those prayers during work.
Muhammad Siddeeq, a local community activist, does not understand why a compromise could not be reached between Hertz and all of the employees.
“The prayers don’t have to be said at a specific time. You do have a window of time, over an hour or more, to get the prayer in,” Siddeeq said. “Even if you have to delay a particular prayer, you can make it up later. So there’s a lot of latitude that can be used so that prayer doesn’t become a hindrance to your job.”
Siddeeq believes a breakdown in communication occurred, and that there must be another issue that is causing tension among Hertz and the workers. He said even with Jumma (Friday prayers), the one prayer that must be conducted at a specific time, an arrangement could be worked out such as the one he had as a teacher for Indianapolis Public Schools, which enabled him to use lunch hours for prayers.
“I’m a Muslim and I understand the need for prayer, but I also know that some Muslims can be too rigid and strict, and you can’t bring that to your job,” Siddeeq stated.
The question for many Muslims is how to comfortably incorporate prayer time into their demanding schedules.
Fazia Deen, an attorney who works in Fort Wayne and Indianapolis, prays according to the factors of a specific day.
If she is working on a case with a paralegal, for example, she will excuse herself to pray in her conference room. Alternatively, if she has to rush to a courtroom during what would normally be prayer time, she will simply catch up on it later.
“God is very merciful, he is not going to strike us down, because he understands our schedule,” Deen said, laughing. “I do enjoy prayer because it can be like a much-needed meditation break, but if work interferes with it I’ll just do it when I get home. You have to kind of go with the flow.”
Deen believes most companies, especially those with management that is educated about religious diversity, are willing to work with their employees.
“It depends on the individual, just as it does in any other religion,” she said. “You have some who like to pray on time no matter where they are, then at the other end of the spectrum there are very relaxed people who are like, ‘When do we pray? I didn’t know it was time to pray.”
Saahir said if a job is very demanding, such as for a Muslim surgeon in a prolonged surgery; there are indeed allowances in Islam for the prayers to be made up.
“Muslims are taught in the Quran to keep our prayers, but if necessary we can compromise, even if it means we say our prayers standing, sitting or riding in a car,” he said. “Still, I do not believe this to be the case with Hertz due to the type of service it offers the public.”
