Religious accomodations in employment
Posted by PHJan 4
It must be getting late because I first thought they were talking about “tribal” issues. Nope. It’s triable, i.e., appropriate issues for a court to decide.
A retailer that required a female employee to wear clothing similar to its own brand was not entitled to summary judgment on the EEOC’s claim that it violated Title VII’s religious accommodation requirement. The employee alleged that the retailer’s “look policy” consisted of clothing that was “sexy, form-fitting, and designed to show off body contours and draw attention to the wearer.” The policy conflicted with her religious beliefs. She had recently converted to the Apostolic religion, and began to adhere to its regulations regarding dress. Unable to reach an accommodation over how to dress, the employee resigned and the EEOC filed suit on her behalf.
But here’s the kicker:
The court also ruled that the EEOC was not entitled partial summary judgment on the issue of liability, finding that that the retailer raised triable issues as to the sincerity of the employee’s religious beliefs after she appeared for her deposition wearing “clothing that was potentially inconsistent with her alleged faith”
Ruh-roh! For those of you who enjoy reading these (I do!), the court’s decision is here (pdf).
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