A "Bad Hair Day" or Religious Custom? Situation: Vision Electronics strives to be a customer-friendly organization. Management has continually emphasized to employees the need to... A "Bad Hair Day" or Religious Custom? Situation: Vision Electronics strives to be a customer-friendly organization. Management has continually emphasized to employees the need to be "pleasing in attitude" and "conservative in all manners" of language, appearance, and dress. "Vision Electronics has a well-published dress code, which states in part that "employees working directly with customers can only wear headwear officially approved by the company." Nadia El-Saher is employed by Vision Electronics and has worked two months as a customer service advisor with direct customer contact. Nadia is a Muslim and stated that her religious custom requires that she cover her head. She asked that she be allowed to wear a scarf in order to comply with her religious requirements. When asked specifically what the rule is on wearing a scarf she responded, "You are supposed to keep your head covered all the time." Since her employment, Nadia has worn a scarf only occasionally. In the past two weeks her supervisor has observed her wearing a scarf only four times. Her supervisor comments that the scarf is more of a "bad-hair-day scarf." When asked why she doesn't wear a scarf on a daily basis, she replied that some days "she just doesn't." Consequently, Nadia has been told that she cannot wear the requested head covering. She has challenged management's position, claiming that her religious custom must be accommodated. 1. If you had to decide this case for the EEOC, how would you settle the charge? What is the basis for your decision? 2. Should Vision Electronics be required to accommodate Nadia's requests? Explain. 3. Does the fact that Nadia wears a scarf only occasionally affect your decision? Explain. 4. Should management be allowed to ask Nadia when she must keep her head covered and what is permissible headwear? Explain.

Understand the Problem

The question describes a workplace scenario where an employee, Nadia, requests to wear a headscarf for religious reasons. The company has a dress code that restricts headwear. Nadia's supervisor observes that she only wears the scarf occasionally, leading to a conflict. The question asks how the EEOC (Equal Employment Opportunity Commission) would likely rule, considering religious accommodation, the company's dress code, and the employee's inconsistent adherence to the practice. It also requires an assessment of whether the company should accommodate Nadia's request and whether it's appropriate for management to inquire about the specifics of her religious requirements regarding head covering.

Answer

I would likely rule in favor of Vision Electronics, as Nadia's scarf is not related to a sincerely held religious belief.
  1. As the EEOC, I would likely rule in favor of Vision Electronics. The key issue is whether Nadia's scarf is a sincerely held religious belief. Her inconsistent wearing of the scarf weakens her claim that it is a mandatory religious practice.

  2. Vision Electronics is not necessarily required to accommodate Nadia's request, because her practice does not appear to be a sincerely held religious belief due to its inconsistent application.

  3. Yes, Nadia's occasional wearing of the scarf significantly affects the decision. Religious accommodations are typically required for sincerely held beliefs that are consistently practiced. The fact that Nadia only sometimes wears the scarf suggests it may not be a strict religious requirement, undermining her claim for accommodation.

  4. Yes, management should be allowed to ask Nadia about the specifics of her religious practice, including when she must keep her head covered and what headwear is permissible. This is necessary to determine whether her request for accommodation is based on a sincerely held religious belief and to assess the reasonableness of the accommodation.

Answer for screen readers
  1. As the EEOC, I would likely rule in favor of Vision Electronics. The key issue is whether Nadia's scarf is a sincerely held religious belief. Her inconsistent wearing of the scarf weakens her claim that it is a mandatory religious practice.

  2. Vision Electronics is not necessarily required to accommodate Nadia's request, because her practice does not appear to be a sincerely held religious belief due to its inconsistent application.

  3. Yes, Nadia's occasional wearing of the scarf significantly affects the decision. Religious accommodations are typically required for sincerely held beliefs that are consistently practiced. The fact that Nadia only sometimes wears the scarf suggests it may not be a strict religious requirement, undermining her claim for accommodation.

  4. Yes, management should be allowed to ask Nadia about the specifics of her religious practice, including when she must keep her head covered and what headwear is permissible. This is necessary to determine whether her request for accommodation is based on a sincerely held religious belief and to assess the reasonableness of the accommodation.

More Information

EEOC is the Equal Employment Opportunity Commission in the United States. They are responsible for enforcing federal laws prohibiting discrimination in employment.

Tips

It is important that the employee is consistent with their belief, and practices the belief regularly.

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