Location: California As the title says I have a potential employer in California that I had an interview with. He asked me what was on my head, it is a kufi since I am Muslim. When it came to the asking questions during the interview I asked if they would allow me to wear it. He said probably not as they do not allow hats. I would be a grocery store cashier so its not like I am working in a dangerous area. I am pretty sure this is illegal but they way they made it sound as if it was flippant and not important despite it being part of my religion. If I take the job and they do not allow me to wear it isn’t that illegal?
Comments
I’d say that might be illegal. Discrimination based on religion.
Yes. Here’s a reference for you. https://www.occourts.org/system/files/hr/california-law-prohibits-workplace-discrimination-and-harassment.pdf
Definitely illegal discrimination, and based on your account of the interview, you might even have a case of they don’t hire you.
Telling you that you cannot wear a kufi would likely be a violation of the Religious Accommodation Clause of Title VII of the Civil Rights Act. The exception would be if your employer can show that accommodating this would create an undue hardship on the employer, meaning a burden that is substantial in the overall context of an employer’s business. And I think that’s really unlikely in this case.
https://www.eeoc.gov/laws/guidance/religious-garb-and-grooming-workplace-rights-and-responsibilities
It should be protected. The one minor caveat would be you prefer to wear one but your particular sect doesn’t say anything either way.
One would hope when they’re educated it’s not a hat but more a hijab/yarmulke they would let you.
What I turned up with a quick Google search.
In California, employers generally must reasonably accommodate an employee’s religious headwear, unless doing so would cause undue hardship. This means employers must allow employees to wear religious head coverings like hijabs, yarmulkes, or turbans, unless there is a significant, demonstrable difficulty or expense associated with the accommodation.