Legal Question in Disability Law in New York

Re: religous discrimination

A few details about federal and state laws which prtect byour rights to wear the hijab in the workplace:

I will first discuss your rights under federal law, and then, in a second reply, discuss your rights under new York state law.

However, first allow me to recommend that you do not go it alone, that your next step be to consult an experienced employement discrimnation lawyer, whether Mr. Zappia and or others, since there are a number of decisions that must be made as to how to proceed in your case so as best protect your rights.

In some cases, it might be advisable to first file a complaint with the EEOC, in others with the N.Y. State Division of Human Rights and with other cases, it might be best to initially file a complain with your city's Human Rights Commission;

however, filing the initial complaint with any of these agencies closes off other alternatives down the road and therefore, in order to maximize your chance of winning monetary damages and other relief, your next step should be left to a professional attorney's judgment.

Generally, with some exceptions, both United States federal law and New York state law prohibit an employer from firing a employee or from placing restrictions on an employee because of that employee's religioulsly mandated attire. For example, the U.S. Equal Employment Opportunities Commission (EEOC) website discusses a male Sikh's right to wear his turban in the workplace despite his supervisors command that not to wear the turban since it made the Sikh's coworkers "uncomfortable". By the same legal principles applicable to the Sikh and his religioulsy mandated turban , since the hijab is religiously mandated attire for Muslim women, employers GENERALLY (but, there are exceptions to this rule) are prohibited from discriminating against Muslim women who insst on wearing thew hijab, whether in hiring or firing. This is an example of the rights conferred upon employees by United States federal law, specifically Title VII of the Civil Rights Act of 1964 which requires employers to "reasonably accomodate the religious practices of employees" UNLESS doing so imposes "UNDUE HARDSHIP"" to the employer. Mr. Zappia in his response gave some examples where a employer MIGHT ARGUABLY by justified in imposing restrictions on , e.g., a Sikh's wearing a turban or a Muslim woman wearing a hijab, when wearing that head gear may be argued to cause undue hardship to the employer, e.g., by being caught in machinery and thus endangering that employee and others.

Re: religous discrimination

As promised, additional detail on NYS law which protects your right to wear the hijab in the work place.

Let me also suggest that you

re-submit this question to this site's Other Discrimination category and/or its Labor and Employment category for a wider variety of answers and opinions.

Section 296(g) of New York State's Executive Law (which is part of Article 15 of New York state's Executive Law, and Article 15 of New York state's Executive Law is

New York state's Human Rights Law), similarly makes it an "unlawful, discriminatory practice" by an employer "to impose upon a person . . . any term or condition that would require such person to violate or forego a sincerely held pracitice of his or her religion . . . UNLESS AFTER ENGAGING IN A BONA FIDE EFFORT, THE EMPLOYER

DEMONSTRATES THAT IT IS UNABLE TO REASONABLY ACCOMODATE the employee's ... sincerely held religious observance WITHOUT UNDUE HARDSHIP on the conduct of the employer's business." Again, Mr. Zappia in his response gave some examples where a employer MIGHT ARGUABLY by justified in imposing restrictions on , e.g., a Sikh's wearing a turban or a Muslim woman wearing a hijab, when wearing that head gear may be argued to cause undue hardship to the employer, e.g., by being caught in machinery and thus endangering that employee and others.

Re: religous discrimination

It all depends. I would check your employee handbook to determine what the policy clearly states regarding attire at work. It also matters what type of work you are doing as an employer can ask that an employee's attire not pose a danger to that employee or to others. For example, a Muslim woman who wears her head scarf so that loose ends are exposed should not be operating a drill press or similar machinery. That employee could be asked to arrange her hijab so that the loose ends are tucked in. An employer can ask that the hijab be neat and clean and in a color that does not clash with a company uniform. If they take an adverse action against you based upon purely religious reasons, you may want to discuss this with an attorney. I would welcome that opportunity. For further information, please feel free to contact me at the email address below.

Thanks for the question.