Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

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
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences.  It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]

Author: Jay McDaniel

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]

Author: Donald M. Pepe

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"
When to Settle and When to Fight: A Litigator's Framework post image

When to Settle and When to Fight: A Litigator's Framework

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]

Author: Sean M. Pena

Link to post with title - "When to Settle and When to Fight: A Litigator's Framework"
A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now post image

A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]

Author: Sean M. Pena

Link to post with title - "A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now"
Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses post image

Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]

Author: John D. Giampolo

Link to post with title - "Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses"
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know post image

Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]

Author: George McGowan

Link to post with title - "Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know"

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.
“If you would like to submit a file, please email it directly to info@sh-law.com.

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