Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm News

Addressing Potential Muslim Discrimination in the Workplace

Author: Scarinci Hollenbeck, LLC

Date: February 24, 2016

Key Contacts

Back

Addressing Potential Muslim Discrimination in the Workplace

In the wake of the Paris and San Bernardino attacks, the Equal Employment Opportunity Commission (EEOC) recently addressed how employers should tackle potential discrimination toward Muslims. The EEOC acknowledges that the fear and uncertainty associated with terrorism can lead to tensions in the workplace.

Photo by Adli Wahid on Unsplash

In addition to workers that might make inflammatory remarks, the EEOC also notes that other workers may be fearful of harassment. In either case, the agency makes it clear that employers are responsible for complying with Title VII of the Civil Rights Act of 1964.

Title VII Prohibits Discrimination

As employers should be aware, Title VII prohibits workplace discrimination based on religion, ethnicity, country of origin, race, or color.  The federal employment law bans discrimination in all aspects of employment, including hiring, job assignments, pay, and termination. Employers must also prevent or promptly address illegal workplace harassment. Lastly, Title VII also prohibits retaliation against someone who complains about a discriminatory practice, files a charge, or assists in an investigation of discrimination.

Upon announcing the guidance, the EEOC called on employers to be particularly mindful of discrimination against workers who are, or are perceived to be, Muslim or Middle Eastern. “We commend employers who have already taken steps to issue or re-issue policies on preventing harassment, retaliation and other forms of discrimination in the workplace, and we encourage all employers to remain vigilant and to communicate their commitment to inclusive workplaces throughout their organizations,” EEOC Chair Jenny R. Yang stated.

EEOC’s Questions and Answers

The EEOC guidance provides several illustrative examples of employer conduct that would violate Title VII. With regard to harassment, the agency provides the hypothetical situation of an Arab American named Muhammad, who works for XYZ Motors. Muhammad meets with his manager and complains that Jeff, one of his coworkers, regularly calls him names like “the local terrorist,” and “ISIS.”

The EEOC advises: “Managers and supervisors who learn about objectionable workplace conduct based on religion or national origin are responsible for promptly taking steps to correct the conduct by anyone under their control.  If, after an investigation, XYZ Motors ultimately determines that Jeff has harassed Muhammad, it should take disciplinary action against Jeff that is significant enough to ensure that the harassment does not continue.”

In terms of hiring, the EEOC presents the example of Aliyyah, a Muslim woman who wears a hijab (or head covering). When Aliyyah applies for a position as a cashier at XYZ Discount Goods, an XYZ assistant store manager fears that Aliyyah’s religious attire will make customers uncomfortable.

According to the EEOC: “XYZ should not deny Aliyyah the job due to customer preferences about religious attire.  This would be the same as refusing to hire Aliyyah because she is Muslim. It would be against the law.  It also would be unlawful for XYZ to assign Aliyyah to a position with no interaction with customers because she wears a hijab.”

The EEOC guidance highlights that discrimination against Muslims in the workplace is a growing concern. Employers are advised to review their hiring policies and remind all workers that harassment will not be tolerated.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Monmouth Bar Golden Gala Honors Two Scarinci Hollenbeck Attorneys post image

Monmouth Bar Golden Gala Honors Two Scarinci Hollenbeck Attorneys

Scarinci Hollenbeck is proud to share that two highly acclaimed retired judges who now serve as Of Counsel to the firm, Hon. Ira E. Kreizman, J.S.C. and Hon. Ronald Lee Reisner, J.S.C., will be honored at the Monmouth Bar Association’s Golden Gala. The event recognizes members of the Monmouth Bar Association who have practiced law […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Monmouth Bar Golden Gala Honors Two Scarinci Hollenbeck Attorneys"
NJ Real Estate Attorney Joe DeMarco Named in 2026 NJBIZ Leaders in Law List post image

NJ Real Estate Attorney Joe DeMarco Named in 2026 NJBIZ Leaders in Law List

Scarinci Hollenbeck is pleased to announce that NJ Real Estate Partner, Joe DeMarco, has been named a 2026 Leaders in Law Award Honoree by NJBIZ in the Real Estate: Construction, Environmental, Leasing category. The NJBIZ Leaders in Law program recognizes attorneys and general counsels whose professional accomplishments, leadership, and service to their communities demonstrate a […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "NJ Real Estate Attorney Joe DeMarco Named in 2026 NJBIZ Leaders in Law List"
John M. Scagnelli Re-Elected to LSRPA Board of Trustees post image

John M. Scagnelli Re-Elected to LSRPA Board of Trustees

Scarinci Hollenbeck is pleased to announce that Partner John M. Scagnelli has been re-elected to serve on the Board of Trustees of the Licensed Site Remediation Professionals Association (LSRPA) for an additional two-year term. LSRPA is the statewide professional organization representing New Jersey’s Licensed Site Remediation Professionals (LSRPs), playing a central role in advancing environmental […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "John M. Scagnelli Re-Elected to LSRPA Board of Trustees"
Robert E. Levy Re-Certified as Civil Trial Attorney by the Supreme Court of New Jersey post image

Robert E. Levy Re-Certified as Civil Trial Attorney by the Supreme Court of New Jersey

Scarinci Hollenbeck is pleased to announce that Robert E. Levy has been re-certified as a Certified Civil Trial Attorney by the Supreme Court of New Jersey. This re-certification, combined with Levy’s existing designation as a Certified Criminal Trial Attorney, places him among less than one percent of all certified attorneys in New Jersey to hold […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Robert E. Levy Re-Certified as Civil Trial Attorney by the Supreme Court of New Jersey"
Scarinci Hollenbeck Partner Donald M. Pepe Named to ROI-NJ’s 2025 Real Estate Influencers List post image

Scarinci Hollenbeck Partner Donald M. Pepe Named to ROI-NJ’s 2025 Real Estate Influencers List

Scarinci Hollenbeck, LLC is pleased to announce that Donald M. Pepe, a partner in the firm’s Real Estate, Land Use and Development Group, has once again been named to ROI-NJ’s Influencers: Real Estate list for 2025. Donald Pepe has been included on the ROI Influencers: Real Estate list each year since 2022, reflecting his continued […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Partner Donald M. Pepe Named to ROI-NJ’s 2025 Real Estate Influencers List"
Scarinci Hollenbeck Announces Three Attorney Promotions for 2026 post image

Scarinci Hollenbeck Announces Three Attorney Promotions for 2026

Scarinci Hollenbeck, LLC announces the promotion of three attorneys effective January 1, 2026: Samantha L. Blake and Brittany P. Tarabour to Counsel, and Kevin M. Cuddihy to Senior Associate. The following summarizes each attorney’s practice and experience. Samantha L. Blake Promoted to Counsel Samantha L. Blake has been promoted to Counsel and practices out of […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Announces Three Attorney Promotions for 2026"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!