Discriminatory work dress codes are a contentious issue in many workplaces. Dress codes may unfairly target certain groups of employees based on their gender, race, religion, disability, or other personal characteristics. These dress codes can take many forms, such as: requiring women to wear high heels, dresses, or makeup; banning
Religion discrimination
Say Yes to the Dress…Code?
Holidays and Parties and Drinking, Oh My!
We are in the midst of the holiday season. As the holidays roll by, businesses everywhere are having their year-end holiday parties. Millions of people everywhere are going to restaurants, bars, and banquet halls to mix and mingle, to celebrate victories, and to close out the…
Wearing My Crown Proudly – Your Tradition is Not My Tradition
By Kalandra N. Wheeler on
“I was told that my braids were unprofessional.”
“I was told to cut off my locs.”
“I was told that my hair doesn’t fit the ‘company culture.’”
Ladies and gentlemen, race-based hair discrimination is still alive and well in 2021, and Black employees are being told…
An employee may provide evidence to rebut an employer’s undue hardship defense or its evidence of a neutral policy.
By Nicole M. Conger on
Posted in Religion discrimination
“[T]he district court compared [Plaintiff] to similarly situated employees within the same protected class—i.e., those with religious observances. But, the proper comparators are ‘similarly situated employees outside the protected class.’” Davis v. Fort Bend County, 2014 WL 4209371 at *6 (5th Cir. 2014) (Prado, J.) (emphasis added) (citing McCoy v. City of Shreveport,…
The availability of a volunteer to cover an employee’s shift precludes an employer from asserting an undue hardship as a result.
By Nicole M. Conger on
Posted in Religion discrimination
“[P]laintiff arranged for a substitute who voluntarily agreed to work [Plaintiff]’s shift that Sunday…. With a volunteer substitute available, [Defendant] would not have had to incur any cost requiring an employee to substitute for [Plaintiff], nor would [Defendant] necessarily be left short-handed.” Davis v. Fort Bend County, 2014 WL 4209371 at *7 (5th Cir.…
An employee’s bona fide religious belief does not require an inquiry into the nature of the activity itself.
By Nicole M. Conger on
Posted in Religion discrimination
“A showing of sincerity, however, does not require proof that the July 3rd church event was itself a true religious tenet, but only that [Plaintiff] sincerely believed it to be religious in her own scheme of things.” Davis v. Fort Bend County, 2014 WL 4209371 at *4 (5th Cir. 2014) (Prado, J.) (citing Moussazadeh …