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Accommodation of Religious Grooming and Garb in the Workplace

By Rosanna Sattler and Laura Otenti

On March 6, 2013, the Equal Employment Opportunity Commission (EEOC) issued new guidance in the form of a fact sheet and question-and-answer sheet on religious garb and grooming in the workplace under Title VII of the Civil Rights Act of 1964. The new guidance reflects the EEOC's continued focus on religious discrimination and accommodation post 9/11, as well as the EEOC's success in court against employers who failed to accommodate employees' religious garb, grooming, and practice.

Employers should take note of the new guidance, because it provides useful examples of when and how they should accommodate an employee's religious observance. The EEOC makes clear that neither customer preference nor employer image or branding is a defense for failing to accommodate religious beliefs and practices. Similarly, employers cannot assign employees to non-customer contact positions due to concerns about the effect of their appearance on customer perceptions, as doing so violates Title VII's prohibition on limiting, segregating or classifying employees based on religion.

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