jess: What law protects religious dress codes in the work place?
I’m writing a paper for an Employment Law class. I need to know the specific act or law or something that which gives employees the right to wear certain clothing if it’s a religious requirement.
My prompt is to write about legalities of dress codes for a company that is writing a dress code. I want to cover the religious aspect.
Any help will be appreciated! But anything I state I need to back up with a law.
Answers and Views:
Answer by Gucci_Mane
The Religious Freedom Restoration Act of 1993.
There isn’t one law. Generally, there are laws that say employers should make “reasonable” accommodations for religious practices. So a scarf, burka, cross jewelry, etc. are OK, unless wearing same wouldn’t be reasonable. For instance, most of that loose clothing would be a hazard around machinery. And, if there is a uniform requirement, like McDonalds, employers can ask everyone to wear the uniform.Answer by Brovice
The first amendment. There have been many cases that led to allowing people to wear religious clothing in the workplace, but it all came from the freedom of religion in the first amendmentAnswer by Leslie S
Title VII of the Civil Rights Act of 1964 prohibits employers with at least 15 employees, as well as employment agencies and unions, from discriminating in employment based on race, color, religion, sex, and national origin. It also prohibits retaliation against persons who complain of discrimination or participate in an EEO investigation. With respect to religion, Title VII prohibits:
treating applicants or employees differently based on their religious beliefs or practices – or lack thereof – in any aspect of employment, including recruitment, hiring, assignments, discipline, promotion, and benefits (disparate treatment);
subjecting employees to harassment because of their religious beliefs or practices – or lack thereof – or because of the religious practices or beliefs of people with whom they associate (e.g., relatives, friends, etc.);
denying a requested reasonable accommodation of an applicant’s or employee’s sincerely held religious beliefs or practices – or lack thereof – if an accommodation will not impose more than a de minimis cost or burden on business operations;
Answer by AndrewTitle VII of the Civil Rights Act of 1964Answer by car05161967
The 1st Amendment of the U.S. ConstitutionAnswer by Eisbär
Well if someone is being discriminated against because of their religious clothing, then it would be a Equal Protection Clause issue from the Civil Rights Act of 1964.
If it is a state job and the state is preventing the person from wearing their religious clothing then it would be a Free Exercise Clause issue. Or if the employer was private and fired the person, and the state refused to grant unemployment, it would also be a Free Exercise/Establishment Clause issue.
And then additionally, each state has their own statutes on this matter, so you would need to look up your state’s laws about it.
Answer by cleavetooI think some of your question depends on locality. I’m not sure that the federal statutes cited earlier apply in all cases and jurisdictions. Read carefully the cited acts, as they may be relevant. But also, take note of any state statutes. If the federal statutes don’t cover religious dress, as I’m pretty sure they don’t (I believe they only cover the actual right to religious freedom but do not cover employment situations.)
But if your state does have statutes on the books those would apply.
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