Labor and Employment Law: Current Developments

Over the years since employment discrimination statutes became part of the national landscape, issues have arisen regarding accommodation of employees who groom in a particular way or wear particular clothing as part of their religious practice.  As our nation has become more diverse, we see more women wearing the burqa  or hijab, as well as men sporting head coverings, beards or other indicia of their religion.  The issue has created tension in the workplace at times.

California law, like Federal law and the law of most states and many local governments, prohibits discrimination based upon religion.  Employers must, in fact, provide reasonable accommodation for religious beliefs and practices, so long as the accommodation does not impose undue hardship on the employer.  California has now taken a step further, effective January 1, 2013, and now defines religious belief and observance to include “religious dress practice and religious grooming practice.”

The new law defines ‘religious dress practice” to include  wearing or carrying  “religious clothing, head or face coverings, jewelry, artifacts,” or any other item that is part of the individual’s observance  of his or her religion or religious beliefs.  “Religious grooming practice” includes all forms of head, facial, and body hair ” worn in observance of one’s religion or religious beliefs.

There may well be jobs where the particular religious dress or grooming is problematic in terms of safety, the nature of the job, etc.  California law is clear that the employer must “explore any available reasonable alternative means”  of accommodating an individual’s religious belief or observance.  Accommodation could even include excusing the employee from duties that conflict with his or her religious belief or observance or permitting the duties to be performed at another time or by another person.  However, employers are excused from accommodation if it will impose undue hardship, which  usually refers to financial hardship or some material compromise of running the business.

In the months ahead, there will doubtless be cases in which employees seek to undertake religious observance in dress or grooming, but employers assert undue hardship.