HR professionals know that federal law prohibits discrimination against employees on the basis of religion. But what happens when employees complain that adhering to a district’s dress code would violate religious practices which include body tattooing, growing facial hair, or wearing certain religious accessories?
Costco just ended a four-year court battle over a dress code prohibiting facial jewelry (other than earrings) that conflicted with a store cashier’s religious beliefs. The employee, a member of the Church of Body Modification, said that her eyebrow piercing was a part of her religion and asked to be exempted from the dress code requirement as a religious accommodation.
Costco prevailed in court. The ruling said, “It is axiomatic that, for better or for worse, employees reflect on employers. This is particularly true of employees who regularly interact with customers…Even if [the employee] did not regularly receive any complaints about her appearance, her facial jewelry influenced Costco’s public image and, in Costco’s calculation, detracted from its professionalism…Such a business determination is within its discretion.”
While this case is a victory for employers, there are cautions that come with the victory. First, the Costco cashier interacted with customers. If she had worked in a position where she wasn’t seen by the public, the decision might have been different. Second, she insisted that the only accommodation she would accept was an exemption from the policy, and the courts often take a dim view of inflexibility. The courts did not consider whether her religious convictions were legitimate.
Keep in mind that the Equal Employment Opportunity Commission (EEOC) defines “religion” very broadly. The EEOC’s definition includes “…religious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or that seem illogical or unreasonable to others.” The EEOC advises employers to assume that an employee’s request for religious accommodation is based on a sincerely-held religious belief. Administrators should be prepared to offer reasonable compromises or to cite legitimate business reasons for the policy, such as safety concerns or the desire to preserve professionalism.
—“Costco’s Appearance Crusade,” by Alison Stein Wellner, Workforce Management, April 28, 2010.
—EEOC Compliance Manual
