Last week, the EEOC issued two new
publications addressing religious garb and grooming in the workplace. The guides are designed to provide practical
advice to employers and employees regarding the applicable law and case
examples.
The publications clarify that Title VII employers must
make exceptions to their general dress and grooming policies for those
applicants and employees who adhere to religiously-mandated dress and grooming
practices. The publications state,
however, that employers need not permit such exceptions if they would pose an
undue hardship, such as a safety, security, or health concern. As set forth in the publications, employers
are not permitted to segregate employees based on their religious garb by, for
example, assigning an employee to a non-customer contact position. Moreover, employers cannot engage in
disparate treatment, retaliation, or harassment based on religious belief or
practice.
Employers may need to update their employee handbooks and
workplace policies in order to reflect this new guidance from the EEOC. Please feel free to contact Connell Foley’s
employment law attorneys for assistance in implementing these guidelines and
any other workplace policy issue your company may be facing.