religious discrimination

Does an employee have to specifically ask for a religious accommodation?

Posted on March 6, 2015

The United States Supreme Court heard argument this past week on this very issue in the case of EEOC v. Abercrombie & Fitch Stores, Inc., a case appealed from the Tenth Circuit Court of Appeals. Samantha Elauf was a teenager in Tulsa, Oklahoma who applied to work at an Abercrombie & Fitch store in 2008. Elauf, a Muslim, wore her headscarf (“hijab”) to the interview. Abercrombie has a “not hats” policy for sales associates and thus did not hire Elauf. Of course, Title VII prohibits denying employment based on a religious practice, unless accommodating the practice would impose a substantial burden. The EEOC brought a lawsuit on Elauf’s behalf and won in federal district court, but then the Tenth Circuit reversed the decision, agreeing with Abercrombie’s argument that it was not required to give Elauf a religious accommodation because she had not specifically asked for one (basically never told Abercrombie that she wore her hijab for religious reasons).…

READ MORE

New Guidance From EEOC on Religious Garb and Grooming in the Workplace

Posted on March 14, 2014

Last week, the EEOC issued two new technical assistance publications related to workplace rights and responsibilities regarding religious dress and grooming under Title VII. The two publications issued by the EEOC are a question and answer guide, titled “Religious Garb in the Workplace: Rights and Responsibilities” and a fact sheet to accompany this publication (found at http://www.eeoc.gov/eeoc/publications/qa_religious_garb_grooming.cfm). According to the EEOC press release regarding these publications, religious discrimination charges have been steadily increasing and the EEOC received 3721 charges asserting religious discrimination in fiscal year 2013.…

READ MORE
Lawyer Search