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Muslim Woman Sues Disney For Discrimination

by TChris

Muslim head scarves have been in the news recently, as an Oklahoma school district settled a lawsuit attacking a dress code that prohibited Muslim students from wearing a hijab. The Constitution protects students from the government's interference with the free exercise of their religions, while federal legislation provides private employees with more limited protection against religious discrimination. Using that law, a Muslim employee of Walt Disney World sued Disney, alleging that she was fired because she wouldn't remove her head scarf at work.

Aicha Baha says she was fired after her religious faith compelled her to defy Disney's policy prohibiting employees from wearing anything other than their uniforms. The only head coverings Disney allows are Disney hats (and possibly mouse ears). Federal law requires employers to reasonably accommodate an employee's need to practice a religion. Baha says Disney offered to accommodate her religious needs by allowing her to wear the hijab in private, but not when she was in contact with the public.

Baha has good reason to believe that it would be reasonable for Disney to let her practice her religion on more than a part-time basis.

Assuming there's no dispute that Disney fired Baha because she violated the dress code, the critical issue is whether Disney's refusal to depart from its dress code is reasonable in light of its business needs. The law doesn't require an employer to grant an unreasonably burdensome accommodation.

Requiring employees to wear uniforms is generally reasonable because uniforms make it easy for customers to identify employees, but a uniform plus a hijab doesn't make an employee less easy to identify. It will be difficult for Disney to argue that it is burdened or harmed by letting Baha wear her hijab.

Maybe Disney fears that its customers won't want to be assisted by a Muslim. Because civil rights laws are designed to protect employees against that kind of bigotry, Disney shouldn't be able to use a perceived customer prejudice as a justification for its dress code. Baha deserves to win her job back.

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