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Equal Employment Opportunity Commission v. Jetstream Ground Services, Inc.

United States District Court, D. Colorado

March 22, 2016

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
JETSTREAM GROUND SERVICES, INC., Defendant. SAFIA ABDULLE ALI, SAHRA BASHI ABDIRAHMAN, HANA BOKKU, SADIYO HASSAN JAMA, and SAIDA WARSAME, a/k/a AMINO WARSAME, Plaintiff Intervenors,

ORDER DENYING MOTION FOR JUROR QUESTIONNAIRE

CHRISTINE M. ARGUELLO United States District Judge

This matter is before the Court on Plaintiffs’ Motion for a Juror Questionnaire. (Doc. # 205.) For the reasons explained below, the Court denies the instant Motion.

I. BACKGROUND

Plaintiff Equal Employment Opportunity Commission and Plaintiff-Intervenors (Safia Ali Abdulle, Sahra Bashi Abdirahman, Hana Bokku, Sadiyo Hassan Jama, and Amino Warsame) jointly request[1] that a juror questionnaire be mailed to the venire in advance of voir dire. (Id. at 1.) Defendant opposes the requested relief, but has not filed a specific response in opposition at this juncture. (Id. at 2.)

Plaintiffs’ proposed questionnaire is eleven pages long and composed of 43 questions, many of which constitute standard voir dire questions about a potential juror’s background (e.g., questions relating to a juror’s occupation, number of children, prior jury service, previous involvement in litigation, etc.). The proposed questionnaire also contains case-specific questions, including the following examples (with the answer format provided by the questionnaire listed in parentheses):

Do you agree or disagree with the statement that an employer is right to tell an employee not to engage in a religious practice at work if it makes it more difficult for the employer to enforce rules uniformly for all workers? (Yes, No, “Please tell us more”)
Do you agree or disagree with the statement that employees who want to work in this country should have to obey the workplace rules of an employer regardless of their religion? (Agree, Disagree, “Please tell us more”)
Do you think employers should not have to accommodate an employee’s religious beliefs? (Yes, No, “Please tell us more”)
Do you know anyone who is Muslim? (Yes, NO, “If YES, please describe how you know the person(s) and your relationship”)
What do you know about the religion of Islam? (Open ended)
Do you have any negative feelings about Muslims? (Yes, No, “Please tell us more”)
Do you think the Muslim religion can be excessive? (Yes, No, “Please tell us more”)
Do you think the United States should not allow any refugees from Muslim countries into the United States? (Yes, No, “Please tell us more”)
Do you think Muslim immigrants should be restricted from working on or near airplanes? (Yes, No, ...

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