Could be, but the court specifically refused to rule on that issue.

Marc

 


From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Menard, Richard H.
Sent: Monday, December 06, 2004 9:30 AM
To: 'Law & Religion issues for Law Academics'
Subject: RE: Steven Williams Case .:.

 

I haven't read the opinion yet, but it sounds like a tacit judgment on the sincerity of the belief.  Church of Body Modification, please.

-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]On Behalf Of Marc Stern
Sent: Monday, December 06, 2004 9:25 AM
To: Law & Religion issues for Law Academics
Subject: RE: Steven Williams Case .:.

 

 

The First Circuit last week decided Cloutier v. Costco Wholesale Corp, 04-1475 a Tile VII religious accommodation case. The plaintiff claimed to be a member of the Church of Body Modification which required members to wear facial jewelry. Such jewelry violated Costco's no facial jewelry policy. The Court found that an accommodation of the faith would have constituted undue hardship to Costco because customers would be offended by the appearance of facial jewelry." Courts....have also upheld dress code policies that....are designed to appeal to customer preference or to promote a professional public image."

I find this astonishing. No court would uphold a whites only hiring policy on ground of customer preference. Airlines long ago lost the argument about customer preferences for sexy stewardesses. Why is religious garb different?

The judicial evisceration of Title VII's religious accommodation provisions continues apace.

Marc Stern


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