Yesterday I was listening to the BBC’s World Have Your Say program on NPR. The topic was “Are the French right about the burka?” People from all over the world called in to express their views about French President Nicolas Sarkozy’s attempt to ban the burka. In a rare speech to Parliament on June 22, 2009, Sarkozy claimed “The burka is not a sign of religion, it is a sign of subservience. It will not be welcome on the territory of the French republic.” The issue is so hotly divided and elicited so much feedback that the BBC is conducting a second show on the topic today (Clevelanders may tune into 90.3 at 2 p.m.). What does this have to do with HR, you wonder? A lot.
Under Title VII, employers have an affirmative duty to reasonably accommodate sincerely held religious beliefs. This duty often presents scenarios where conflicting rights are being asserted. If a female employee wants to come to work in a burka in observance of her religious beliefs, must an employer allow her to? The EEOC says yes, unless the employer can show it would impose an “undue hardship” to permit the Islamic garb. Further, the EEOC rejects the notion that employee discomfort with the burka could constitute such a hardship.
Whether President Sarkozy’s attempt to ban women from donning the religious garb will succeed or not remains to be seen, though many argue that a decision to wear a burka or similar clothing is for a woman to make, not the government. American employers, though, must tread extremely carefully when balancing the right to express one’s religion at work and the right of others not to be preached to. Unless actual proselytizing is taking place, the law will most often come down on the side of freedom of expression.
Of course, if particular questions arise regarding the duty to accommodate religious beliefs, check with your employment counsel!
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