DISCUSSION

Beliefs and Business at Odds

Written by George Anderson

By George Anderson

Religious and moral dilemmas are no longer the sole territory of pharmacy employees dealing with whether or not to dispense contraceptives. According to a Chicago Tribune report, a Dunkin' Donuts franchisee, who happens to be an Arab Muslim, has run into a conflict with the company over his refusal to sell products containing pork in his stores.

"What is life without dignity and your beliefs?" said Mr. Elkhatib, who emigrated to the U.S. from Jerusalem in 1971.

According to Mr. Elkhatib, the donut chain had long allowed him to operate his stores without any apparent concern over his no pork policy. The company even provided signs for the shops that told customers that meat products were not on the menu.

"That's why I bought a Dunkin' Donuts, because I never had to handle pork or alcohol," Mr. Elkhatib told the Trib.

In 2002 with business doing well, Mr. Elkhatib asked Dunkin' Donuts about moving one of his shops to a busier location. The chain declined the request and followed that up with a letter informing Mr. Elkhatib that it would not renew his franchise agreements when they expired. The reason was because of his refusal to sell the company's complete line of products.

Dunkin' Donuts has maintained this case is not about discriminating against Mr. Elkhatib for being Muslim or Arab. In papers filed with the court, the company argued, "A Dunkin' Donuts franchisee can no more refuse to sell breakfast sandwiches based on the Muslim faith, or Arab ancestry, than a McDonald's franchisee can refuse to sell hamburgers because they are Hindu or Indian."

The 7th Circuit Federal Court of Appeals has questioned Dunkin' Donuts' motives, suggesting the company has not always applied the same rules to franchisees. The three-judge panel pointed to three other Chicagoland Dunkin' Donuts shops that do not serve breakfast sandwiches with pork. These were all allowed to continue operating without pushback from the chain. The three locations that did not serve the sandwiches did so because of lease restrictions, space issues and, in one case, a demand for kosher food.

"There is significant evidence that the carrying of breakfast sandwiches generally, and the carrying of meat products specifically, was not a factor that was important to Dunkin' Donuts in the franchise decisions," the court wrote in its opinion.

Discussion Questions: What is your reaction to this case? Is Dunkin' Donuts or Walid Elkhatib in the right here? Should Dunkin' Donuts be concerned about the reaction of the Arab and Muslim communities?

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