Veiled Women Need Not Apply « The Dish

Interesting US reasonable accommodation case with respect to the hijab and Abercrombie & Fitch (the company, while allowing a yarmulke, argued against the hijab):

The company has changed its dress code since then, but it’s fighting this case on the ground that it didn’t deny her a religious accommodation because she didn’t ask for a religious accommodation. That is, it had a dress code that applied to everyone, and she violated it, so she was treated like anyone else who fails to comply with the dress code, not subjected to discrimination based on religion.

If she’d asked for an accommodation based on religion, the company would have had to make some conscious decision about whether an exception to the usual rule could be made. Without having been given that chance, the company argues, there’s no discrimination, the company says. The EEOC, which brought the case on behalf of Elauf, doesn’t want the burden to bring up religion to rest entirely on the employee.

Veiled Women Need Not Apply « The Dish.

About Andrew
Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

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