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Discrimination Based on Religion

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  • 03-02-2010, 04:04 PM
    CharlieWax
    Discrimination Based on Religion
    My question involves labor and employment law for the state of: CA

    okay so this muslim girl works at a Hollister and one day the district manager comes to the store and fires the girl because she wont remove her headscarf. Mind you when she was interviewed for the job, she was wearing the headscarf and still got hired. Can Hollister or any clothing store for that matter fire someone because they wont change their appearance for religious purposes? Can you tell a Jewish man he can't wear his yamaka or a Sikh man he can't wear his turban to work?
  • 03-02-2010, 04:21 PM
    jk
    Re: Discrimination Based on Religion
    I don't think you can wear a Yamaka. Maybe you meant yarmulke.

    If the wearing of the hijab did not cause a burden or undue hardship upon the employer, then the woman could ask for a accommodation on religious reasonings.

    It sounds like the discharge was illegal. She should contact the EEOC if she wishes to take action for the discharge.
  • 03-02-2010, 05:16 PM
    tigerdog
    Re: Discrimination Based on Religion
    I believe this is the case OP is referring to...

    http://www.foxreno.com/news/22666350/detail.html
  • 03-02-2010, 06:18 PM
    jk
    Re: Discrimination Based on Religion
    Yep, sounds like the one.


    The only thing I disagree with concerning what happened is the woman complaining about Hollister's diversity policy. This is not a matter of diversity. It is one of religious accommodation. Two distinctly different situations.

    So charlie, was this a question of curiosity or homework?
  • 03-02-2010, 06:39 PM
    cbg
    Re: Discrimination Based on Religion
    Just want to add one qualifier for completeness sake, even if it doesn't apply in the referenced situation.

    If there are SAFETY issues regarding the religious dress, that can change what the employer is required to allow or not allow. If, for example, the scarf is at risk of being pulled into the machinery, that can make a difference.
  • 03-02-2010, 07:44 PM
    CharlieWax
    Re: Discrimination Based on Religion
    thanks for the replies. yes, the linked story is what i was referring to. i posted it just for feedback as i was debating this with some guy on facebook. his argument was basically that a business, particularly a clothing store, has the right to determine what kind of image it portrays thru the dress of its employees. he brought up how he cant wear sandals and shorts to his office job but we all know thats two different things. his argument was really weak i just wanted to see what you guys with more law background would say. thanks for ur input.
  • 03-02-2010, 07:46 PM
    cbg
    Re: Discrimination Based on Religion
    For the most part, he is correct. What makes this situation is that the scarf is required by her religion. If it were not religious wear, he would be right.
  • 03-03-2010, 07:21 AM
    CharlieWax
    Re: Discrimination Based on Religion
    ya i understand that. wanting to wear something to work and having to wear something are two completely diff things. thats where he is wrong.
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