Can Forbidding an Employee from Wearing a Hijab Be Discrimination?
The U.S. Equal Employment Opportunity Commission enforces the laws prohibiting religious discrimination in the workplace. Because the beliefs of some religions require adherents to wear or refrain from wearing certain types of clothing, these requirements are protected expressions of religious belief. Employers may not prohibit them except under special circumstances.
Religion and Clothing
Many religious traditions expect their followers to adhere to certain standards in clothing or personal grooming for reasons of modesty or religious symbolism. For instance, male followers of Orthodox Judaism must wear the yarmulke, Sikhs must not cut their hair and some Christian denominations may prohibit short skirts. The hijab is a distinctive headscarf many Muslim women wear as an expression of their faith. All such items of religious expression are protected by federal law.
Accommodation
The law requires employers to make reasonable accommodations to the religious clothing of employees unless the accommodation would result in what the EEOC calls an "undue hardship" for the employer. The meaning of this phrase does not have a precise definition applicable to all circumstances, so a court decides on a case-by-case basis. The court is likely to rule in favor of the employer if the accommodation would reduce employee or public safety, prevent other employees from exercising their own rights, force other employees to take on too much work or cause a serious loss in productivity.
The Process
Because the hijab is a headscarf rather than a large and bulky garment that could easily present a health or safety hazard, there are few circumstances in which an employer could claim undue hardship as an exemption. For instance, in a job requiring employees to lean in over potentially dangerous equipment with moving parts, the hijab could present a safety issue. If the employer asks the employee to remove the hijab without a reasonable claim, the employee can inform the employer that she wears the hijab as a requirement of her religion, usually in writing for documentation purposes.
Accommodating a Request
In some cases, the employer may ask the employee for more information about her request for an accommodation. For example, the employer may want to know what the specific religious requirements are and what options exist for accommodating them. In these situations, the employer and employee are expected to engage in a dialogue and try to work the situation out. However, the employee's basic right to wear the hijab if her religion requires it cannot be compromised without a legally sufficient reason. If the employer refuses to accommodate the request, the employee can file a complaint with the EEOC.