Elkhatib explained to the company that Islamic law forbids him to eat or
handle pig meat; however, the company said that it would not renew Elkhatib’s
franchise unless he sells ‘the complete line of approved Dunkin’ Donuts
products’. Elkhatib took his case to federal court.
Due to Elkhatib being the owner and not an employee of Dunkin’ Donuts, he
could not claim discrimination based on religion, instead he claimed racial
discrimination, using a Reconstruction-era law, initially set to protect slaves
after the Civil war.
The court battle continued for five years. The company maintained the
argument that a, “Dunkin' Donuts franchise can no more refuse to sell breakfast
sandwiches based on the Muslim faith, or Arab ancestry, than a McDonald's
franchise can refuse to sell hamburgers because they are Hindu or Indian,†and
proved undefeated in court when the case was won.
Elkhatib has lost one franchise, while the lease of the other outlet is up
next year.
In July of this year, the 7th U.S. Circuit Court of Appeals ruled that the
complaint could proceed. It discovered that some Dunkin’ Donuts are allowing
some pork-free establishments to operate – Elkhatib will continue in his battle
against the company.
