Could an employer terminate/refuse employment for wearing a headscarf?

Asked 4 months ago - Statesville, NC

I wear a headscarf for religious reasons (a tichel) could an employer refuse to hire me because of it? I mean like is it possible for them to write into the rules of their dress code that headcovers are not allowed?

Attorney answers (3)

  1. Robert J. Lingle

    Contributor Level 6

    4

    Lawyers agree

    Answered . I agree with the other attorney's answer, but the employer is only obligated to accommodate your bona fide religious dress requirement if the employer has 15 or more employees, and allowing the particular dress would not pose a safety risk or conflict with applicable OSHA requirements.

    R. J. Lingle is a business and employment attorney licensed in North Carolina with many years of experience... more
  2. Darrel S Jackson

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . Your employer may have a dress policy that precludes head scarfs. However, if wearing a hear scarf is a bone fide part of your religious practice, then your employer would need to make an exception to its policy to allow you to wear the head scarf, unless making that exception would pose an undue burden on the employer. Your employer's concerns about adverse customer or coworker perception is not an "undue burden." Good luck.

    My answers to questions posted on AVVO are intended to provide general information only, and are not intended to... more
  3. Randy Jay Harvey

    Contributor Level 15

    2

    Lawyers agree

    Answered . If you work for a qualified employer under Title VII which is determined in part by the number of employees you are entitled to request a religious dress accommodation. You should review your specific circumstances with a locally licensed attorney such as my colleague who responded to your question. He should be able to guide you to an answer based on your specific circumstances.
    Best of luck!

    NO LEGAL ADVICE GIVEN. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as... more

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