A. The prohibition against religious discrimination in the workplace became law in 1964 as part of the Civil Rights Act.  In addition to prohibiting discrimination based on religion, the law also requires an employer to make a reasonable accommodation for an employee’s religious practices, unless doing so creates an undue hardship for the employer.  At that time, the undue hardship standard was very low, and very much favored the employer, as an employer could claim there was a hardship if the accommodation involved more that a minimal effort or expense.  This standard was redefined, though, by the Workplace Religious Freedom Act of 2000.  Today, to claim an accommodation is an undue hardship, the employer must show that the accommodation would require a significant difficulty or expense.   

All of this means that your employer is prohibited by law from discriminating against you and is required to accommodate your religious observances, practices and beliefs unless doing so creates a significant burden or expense.  Unless there is something specific about the industry in which you work, it is unlikely that your wearing a head covering as an expression of your religious beliefs cannot be accommodated. 

Accommodation in this context generally means that the employer and employee enter into good faith discussions about the situation, the accommodation which is requested and the options available.  These options can then be evaluated to determine if there is an option which will eliminate the workplace issues.  If you and your employer have not yet engaged in this type of process, you may want to pursue this course of action.   

Specifically with regard to clothing, if wearing the item, such as your head covering, does not pose safety risks, such as the risk of being caught in a piece of machinery, and does not detract from a uniform required to be worn for a business purpose, the employer should not have a basis to object to your wearing a head covering.  In these situations, a head covering which is consistent with a uniform, or an adjustment to the employer’s dress code policy, if any, would be reasonable accommodations and would not create an undue hardship for the employer.  As I’m sure you know, some employers who require a uniform have provided as part of that uniform a head covering which meets the requirements of an employee’s religious practice and is consistent with the employer’s required uniform.   

If you continue to experience harassment or discrimination, you should find out whether your employer has a general anti-harassment policy and, if so, report the existence of a hostile work environment or the occurrence of acts of discrimination under the policy’s reporting procedures.  Your employer would be obligated to investigate the complaint and to take any appropriate corrective action based on the results of that investigation. 

If you believe harassing or discriminatory conduct continues despite your efforts to work with your employer, the next step would be to file a charge of discrimination with either the Equal Employment Opportunity Commission or your state’s Human Rights Department.  Regardless of whether you are using internal procedures or have decided to file a charge with an external agency, employers are prohibited by law from taking any retaliatory action against you because you are exercising your rights to correct discrimination or harassment in the workplace.