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
Christopher D. Warren Appointed to NJ Ethics Committee post image

Christopher D. Warren Appointed to NJ Ethics Committee

Scarinci Hollenbeck Partner Christopher D. Warren Named to New Jersey Supreme Court District VI Ethics Committee Little Falls, NJ — September 5, 2025 — Scarinci Hollenbeck, LLC is proud to announce that Christopher D. Warren, Partner, has been appointed to serve on the New Jersey Supreme Court District VI Ethics Committee for the term 2025–2029. Mr. Warren brings more than […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Christopher D. Warren Appointed to NJ Ethics Committee"
Scarinci Hollenbeck Awards Inaugural Theodore A. Schwartz Scholarship for Environmental Law post image

Scarinci Hollenbeck Awards Inaugural Theodore A. Schwartz Scholarship for Environmental Law

Scarinci Hollenbeck Congratulates Theodore A. Schwartz Scholarship Recipient Adrienne Aiken Little Falls, NJ — July 21, 2025 — Scarinci Hollenbeck, LLC established the Theodore A. Schwartz Scholarship for Environmental Law to recognize the contributions of retired partner Theodore “Ted” Schwartz and support the next generation of environmental lawyers. Adrienne Aiken, the recipient of the 2025 […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Awards Inaugural Theodore A. Schwartz Scholarship for Environmental Law"
Scarinci Hollenbeck Attorneys Recognized as 2026 Best Lawyers in America® post image

Scarinci Hollenbeck Attorneys Recognized as 2026 Best Lawyers in America®

Ten Scarinci Hollenbeck Attorneys Recognized in 2026 Edition of Best Lawyers in America© Little Falls NJ – August 28, 2025 – Scarinci Hollenbeck, LLC is pleased to announce that ten attorneys have been recognized in the 2026 edition of The Best Lawyers in America®. First published in 1983, Best Lawyers is universally regarded as the definitive guide to legal excellence. […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Attorneys Recognized as 2026 Best Lawyers in America®"
Donald M. Pepe Named GlobeSt. Influencer in Industrial Real Estate post image

Donald M. Pepe Named GlobeSt. Influencer in Industrial Real Estate

Scarinci Hollenbeck Partner Recognized for Continued Impact on Industrial Real Estate Industry Little Falls, NJ — July 25, 2025 — Scarinci Hollenbeck, LLC Partner Donald “Don” Pepe was recently recognized as a 2025 Influencer in Industrial Real Estate by GlobeSt, a leading commercial real estate publication. The GlobeSt award recognizes the professionals, teams, and companies […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Donald M. Pepe Named GlobeSt. Influencer in Industrial Real Estate"
Scarinci Hollenbeck Expands NYC Real Estate and Litigation Practices ADDING Four Litigators post image

Scarinci Hollenbeck Expands NYC Real Estate and Litigation Practices ADDING Four Litigators

NYC Real Estate and Litigation Attorney Ryan O. Miller and Team Join Scarinci Hollenbeck, LLC New York City, NY – August 13, 2025 – Scarinci Hollenbeck, LLC has strengthened its Real Estate and Litigation practices with the addition of four New York City-based attorneys. Ryan Miller, who joins as a partner, is well known for […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Expands NYC Real Estate and Litigation Practices ADDING Four Litigators"
Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock post image

Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock

Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock Little Falls, NJ – June 24, 2025 – Scarinci & Hollenbeck, LLC Partner and Chair of the firm’s Intellectual Property and Entertainment & Media departments Ronald S. Bienstock recently joined the Bloomberg Law podcast to discuss Shaquille O’Neal settling a class-action lawsuit over his FTX endorsement. […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock"

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!