EEOC

Filing 611

MEMORANDUM AND ORDER that the Motion for Partial Summary Judgment 569 , filed by Defendant JBS USA, LLC f/k/a JBS Swift & Co., a/k/a Swift Beef Company ("JBS"), is granted in part, as follows: a. For purposes of Plaintiffs' Phase II c laims, it is established that the requested accommodations of unscheduled prayer breaks and/or mass meal breaks imposed an undue burden on JBS; b. All Phase II claims alleging that JBS failed to provide reasonable religious accommodation under 42 U.S .C. § 2000e(j) are dismissed, with prejudice. The Motion for Partial Summary Judgment is otherwise denied, without prejudice to JBS's reassertion of its failure to conciliate arguments, after the United States Supreme Court issues its opin ion in Mach Mining, LLC v. E.E.O.C., No. 13-2456, 134 S. Ct. 2872 (2014). The Motion to Dismiss 594 filed by Plaintiffs Sirad Adan, Fartun Warsame, Shukri Wais, Istar Said, Deeq Said, Mohamed Ali, Khadija Hassan, Fatuma Abdullahi, Hodan Abdulle, Bu rhan Yusuf, Mohamed Mohamed, Shamso Abshir, and Ahmed Dalmar, is granted, and their claims of hostile work environment and failure to provide religious accommodation are dismissed. The Motion to Dismiss 595 filed by Plaintiffs Yusuf Dulane, Amina F arah, and Maryan (Asha) Muse, is granted, and their claim of failure to provide religious accommodation is dismissed; and The Joint Stipulation 596 of JBS and Plaintiff Equal Employment Opportunity Commission (the "EEOC") is approved, and the EEOC's claims based on alleged denial of religious accommodations or hostile work environment, are dismissed. Ordered by Chief Judge Laurie Smith Camp. (JSF)