I'm going to address this issue not as a religious freedom issue, but as a secular personal freedom issue.
Companies have dress codes, and everyone has to follow it. People who have piercings and tattoos either have to conceal them if they are in professional settings dealing with customers. In industrial settings people have to cut their hair short or keep it wound under tight caps for safety reasons. In food service jewelry is often prohibited from keeping it falling in the food.
However, sometimes companies do push the limit. Companies have been known to have tattoos and piercings rules to prevent teenagers or people whom they deem as punks from getting a job. Sometimes they have rules to keep people from certain religions or belief systems out. And rules that intentionally discriminate against personal freedom is wrong.
The first question is:
Is this rule reasonably acceptable? Is it professionally necessary or necessary for safety reason? Back room jobs are prohibited from having appearance related rules, but are expected to have reasonable safety related rules. Picky airline companies also have to code and hire airhostesses as 'models', otherwise it would be illegal for them to not hire very competent servers who don't fit the pretty bill.
If the rule is reasonably acceptable under law, then the store is fine. Otherwise, its a red flag and sure fire illegal whether its a Muslim or some weirdo who likes to wear hijaab for fun.
The second question is whether the rule is universally applied or selectively applied? Would the store prohibit
- A hippie from wearing their bandanna
- A ghetto punk from wearing their do rag
- An African American from wearing traditional headdress
- A cancer patient from wearing a headdress
- Sikhs from wearing their turbans
- A Jew from wearing their kippah
- A Muslim from wearing a hijab
If the answer is no in any circumstance, then the store is discriminatory.
Another interesting thing is, the store has a lawsuit on its hands if some branches follow the rule and some don't. Companies have been known to have different set of rules for upscale locales and different for ghetto locales. So that is why management is expected to be trained in rules and expectations and apply it in every branch no matter what - unless they have exemptions under state or local law for some reason.
That being said, I wondered if one could work as a stripper and sue for a hijaab exception. It would be hilarious if someone did that. Maybe its the weirdo with the hijaab wearing fetish. Then I had a flash of brilliancy for a hijaab po*n or burqua po*n market. Unfortunately, rule 34, that market has been taken. My only brilliant business hope is incorporating the Catholic church.
Anupamaa
