Jon, a clerical worker who is an observant Jew, wears tzitzit (ritual knotted garment fringes at the four corners of his shirt) and a yarmulke (or skull cap) in conformance with his Jewish beliefs. XYZ Temps places Jon in a long-term assignment with one of its client companies. The client asks XYZ to notify Jon that he must remove his yarmulke and his tzitzit while working at the front desk, or assign another person to Jon's position. According to the client, Jon's religious attire presents the "wrong image" and also violates its dress code prohibiting any headgear and requiring "appropriate business attire." XYZ Temps may not comply with this client request without violating Title VII.
The client also would violate Title VII if it changed Jon's duties to keep him out of public view, or if it required him not to wear his yarmulke or his tzitzit when interacting with customers. Assigning Jon to a position out of public view is segregation in violation of Title VII. Moreover, because notions about customer preference (real or perceived) do not establish undue hardship, the client must make an exception to its dress code to let Jon wear his religious garb during front desk duty as a religious accommodation. XYZ should strongly advise its client that the EEO laws require allowing Jon to wear this religious garb at work and that, if the client does not withdraw its request, XYZ will place Jon in another assignment at the same rate of pay and decline to assign another worker to the client.[9] <http://www1.eeoc.gov//eeoc/publications/qa_religious_garb_grooming.cfm?renderforprint=1#_ftn9> *1. What is the federal law relating to religious dress and grooming in the workplace?* Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, *et seq.,* as amended ("Title VII"),prohibits employers with at least 15 employees (including private sector, state, and local government employers), as well as employment agencies, unions, and federal government agencies, from discriminating in employment based on race, color, religion, sex, or national origin. It also prohibits retaliation against persons who complain of discrimination or participate in an EEO investigation. With respect to religion, Title VII prohibits among other things: - *disparate treatment* based on religion in recruitment, hiring, promotion, benefits, training, job duties, termination, or any other aspect of employment (except that "religious organizations" as defined under Title VII are permitted to prefer members of their own religion in deciding whom to employ); - denial of *reasonable accommodation* for sincerely held religious practices*,* unless the accommodation would cause an undue hardship for the employer; - workplace or job *segregation* based on religion; - workplace *harassment* based on religion; - *retaliation* for requesting an accommodation (whether or not granted), for filing a discrimination charge with the EEOC, for testifying, assisting, or participating in any manner in an EEOC investigation or EEO proceeding, or for opposing discrimination. There may be state or local laws in your jurisdiction that have protections that are parallel to or broader than those in Title VII. *2. Does Title VII apply to all aspects of religious practice or belief?* Yes. Title VII protects all aspects of religious observance, practice, and belief, and defines religion very broadly to include not only traditional, organized religions such as Christianity, Judaism, Islam, Hinduism, Buddhism, and Sikhism, but also religious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or may seem illogical or unreasonable to others. Religious practices may be based on theistic beliefs or non-theistic moral or ethical beliefs as to what is right or wrong that are sincerely held with the strength of traditional religious views. Religious observances or practices include, for example, attending worship services, praying, wearing religious garb or symbols, displaying religious objects, adhering to certain dietary rules, proselytizing or other forms of religious expression, or refraining from certain activities. Moreover, an employee's belief or practice can be "religious" under Title VII even if it is not followed by others in the same religious sect, denomination, or congregation, or even if the employee is unaffiliated with a formal religious organization.[1] <http://www1.eeoc.gov//eeoc/publications/qa_religious_garb_grooming.cfm?renderforprint=1#_ftn1> The law's protections also extend to those who are discriminated against or need accommodation because they profess no religious beliefs. For example, an employer that is not a religious organization (as legally defined under Title VII) cannot make employees wear religious garb or articles (such as a cross) if they object on grounds of non-belief. Because this definition is so broad, whether or not a practice or belief is religious typically is not disputed in Title VII religious discrimination cases. *3. Does the law apply to dress or grooming practices that are religious for an applicant or employee, even if other people engage in the same practice for non-religious reasons?* Yes. Title VII applies to any practice that is motivated by a religious belief, even if other people may engage in the same practice for secular reasons.[2] <http://www1.eeoc.gov//eeoc/publications/qa_religious_garb_grooming.cfm?renderforprint=1#_ftn2> However, if a dress or grooming practice is a personal preference, for example, where it is worn for fashion rather than for religious reasons, it does not come under Title VII's religion protections. *4. What if an employer questions whether the applicant's or employee's asserted religious practice is sincerely held?* Title VII's accommodation requirement only applies to religious beliefs that are "sincerely held." However, just because an individual's religious practices may deviate from commonly-followed tenets of the religion, the employer should not automatically assume that his or her religious observance is not sincere. Moreover, an individual's religious beliefs - or degree of adherence - may change over time, yet may nevertheless be sincerely held. Therefore, like the "religious" nature of a belief or practice, the "sincerity" of an employee's stated religious belief is usually not in dispute in religious discrimination cases. However, if an employer has a legitimate reason for questioning the sincerity or even the religious nature of a particular belief or practice for which accommodation has been requested, it may ask an applicant or employee for information reasonably needed to evaluate the request. On Thursday, February 26, 2015 at 8:02:09 PM UTC-6, Bill wrote: > > While they are at it, I hope the Supreme Court will make decisions > regarding dress codes for work, school and home......after all they don't > have important issues to deal with! > > In a message dated 2/26/2015 5:36:56 A.M. Pacific Standard Time, > [email protected] <javascript:> writes: > > > > > BareNakedIslam posted: "Supremacist Muslim women, encouraged by > designated terrorist group CAIR, have been engaging in a sneaky scheme to > go on job interviews without wearing a bag on their head, only to start > wearing it at work AFTER they have been hired. If the company fires t" > > New post on *BARE NAKED ISLAM* [image: > http://www.barenakedislam.com/?author=1] > <http://www.barenakedislam.com/?author=1> Can you believe the U.S. > Supreme Court will consider whether employers have the right to fire Muslim > women who decide to defy the company’s dress code after being hired? > <http://www.barenakedislam.com/2015/02/25/can-you-believe-the-u-s-supreme-court-will-consider-whether-employers-have-the-right-to-fire-muslim-women-who-decide-to-defy-the-companys-dress-code-after-being-hired/>by > > BareNakedIslam <http://www.barenakedislam.com/?author=1> > > Supremacist Muslim women, encouraged by designated terrorist group CAIR, > have been engaging in a sneaky scheme to go on job interviews without > wearing a bag on their head, only to start wearing it at work AFTER they > have been hired. If the company fires them, they take the company to court. > A business has the […] > > Read more of this post > <http://www.barenakedislam.com/2015/02/25/can-you-believe-the-u-s-supreme-court-will-consider-whether-employers-have-the-right-to-fire-muslim-women-who-decide-to-defy-the-companys-dress-code-after-being-hired/> > *BareNakedIslam <http://www.barenakedislam.com/?author=1>* | February > 25, 2015 at 4:38 pm | Categories: EnemyWithin-America > <http://www.barenakedislam.com/?taxonomy=category&term=enemywithin-america> > | URL: http://wp.me/p276zM-1cf4 > > Comment > <http://www.barenakedislam.com/2015/02/25/can-you-believe-the-u-s-supreme-court-will-consider-whether-employers-have-the-right-to-fire-muslim-women-who-decide-to-defy-the-companys-dress-code-after-being-hired/#respond> > > See all comments > <http://www.barenakedislam.com/2015/02/25/can-you-believe-the-u-s-supreme-court-will-consider-whether-employers-have-the-right-to-fire-muslim-women-who-decide-to-defy-the-companys-dress-code-after-being-hired/#comments> > > > Unsubscribe > <https://subscribe.wordpress.com/?key=eaced905935c28c895fe4e47a2730614&email=bovinescatologists%40gmail.com&b=LLV%26%5Bh1%263RKK8ZmsWEM%25L%26i.nOxKfqimvY%5DVB%2BceJCVX42TPCkU> > > to no longer receive posts from BARE NAKED ISLAM. > Change your email settings at Manage Subscriptions > <https://subscribe.wordpress.com/?key=eaced905935c28c895fe4e47a2730614&email=bovinescatologists%40gmail.com>. > > > > *Trouble clicking?* Copy and paste this URL into your browser: > > http://www.barenakedislam.com/2015/02/25/can-you-believe-the-u-s-supreme-court-will-consider-whether-employers-have-the-right-to-fire-muslim-women-who-decide-to-defy-the-companys-dress-code-after-being-hired/ > > > > > > -- > -- > Thanks for being part of "PoliticalForum" at Google Groups. > For options & help see http://groups.google.com/group/PoliticalForum > > * Visit our other community at http://www.PoliticalForum.com/ > <http://www.politicalforum.com/> > * It's active and moderated. 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