Should Hijabs Be Allowed In The Workplace
Posted: Saturday, August 21, 2010
by Grace O'Malley
Recently a Muslim woman who works for the Disney Corporation at one of their restaurants at the California theme park brought suit against her employer. The reason behind her lawsuit according to Imane Boudlal, the hostess felt her rights were being quashed by not being allowed to perform her normal duties while wearing a hijab during Ramadan.
Ms. Boudlal had previously requested she be allowed to wear the symbolic headscarf during her shifts at the restaurant. Following the employment guidelines of Disney, she was permitted to wear a hijab provided it was designed by the costuming department of the company while being in front of the public. Boudlal was then fitted for a Disney-supplied head scarf, but was not given a date when the garment would be finished. In the interim, she was told she could not wear her own hijab unless she worked away from the viewing public. She chose to continue in her position as a hostess.
When Ramadan began Ms. Boudlal showed up for work wearing her own scarf. Her supervisor gave her the option of working behind the scenes away from the public while wearing the hijab or to leave without pay. Mr. Boudlal chose the latter. On the following Monday and Tuesday she again showed up for work wearing the scarf and again was informed of her choices. Each time she chose to leave instead of working a different temporary position.
For me this situation brings forth the question: is she in the right to sue?
According to both Disney and Ms. Boudlal, attempts were being made to accommodate the religious symbology of Ms. Boudlal's faith. The breakdown occurs when Ms. Boudlal chooses not to wait any longer for her headdress and takes matters into her own hands. For two years the hostess worked for Disney without the hijab and apparently had no problem with it. It was not until a few months ago while studying for her US citizenship exam that she found out her rights on the issue of hijabs in the workplace. Once informed of this right, she did the proper thing by requesting her employer oblige her appeal. They were in the process of complying.
Why then the lawsuit Ms. Boudlal? Were your rights of religious expression suppressed by being asked to temporarily work in another position while awaiting the company provided item? Or is it something else?
Many might say that we here in the United States do not care about the civil, religious or personal rights of its populace. Since there have been many laws enacted and enforced over the last forty years concerning those very issues I would say that statement is balderdash. Is the acceptance of these rights not happening fast enough? Possibly.
We may not be a Utopian society, but we do try. Every day strides are being made to secure the rights and freedoms of as many people as possible. What the world and people like Ms. Boudlal need to remember is that with over 300,000,000 inhabitants, there are going to be situations when protecting those rights and freedoms is going to take more than a day, a week or a month. If your employer, landlord, neighbor or consumer product provider is endeavoring to make things right, let them try without the threat of involving the law.
I personally support your right to wear a hijab in the workplace Ms. Boudlal. Just as I support the rights of Christians to wear a cross or a Jew to wear a Star of David. Freedom of expression is an important part of being in America. What I do not support in this situation is your willingness and seeming relish of monetary gain for a perceived slight. I can see no other reason why you put forth such action.
Or am I wrong?
When Ramadan began Ms. Boudlal showed up for work wearing her own scarf. Her supervisor gave her the option of working behind the scenes away from the public while wearing the hijab or to leave without pay. Mr. Boudlal chose the latter. On the following Monday and Tuesday she again showed up for work wearing the scarf and again was informed of her choices. Each time she chose to leave instead of working a different temporary position.
For me this situation brings forth the question: is she in the right to sue?
According to both Disney and Ms. Boudlal, attempts were being made to accommodate the religious symbology of Ms. Boudlal's faith. The breakdown occurs when Ms. Boudlal chooses not to wait any longer for her headdress and takes matters into her own hands. For two years the hostess worked for Disney without the hijab and apparently had no problem with it. It was not until a few months ago while studying for her US citizenship exam that she found out her rights on the issue of hijabs in the workplace. Once informed of this right, she did the proper thing by requesting her employer oblige her appeal. They were in the process of complying.
Why then the lawsuit Ms. Boudlal? Were your rights of religious expression suppressed by being asked to temporarily work in another position while awaiting the company provided item? Or is it something else?
Many might say that we here in the United States do not care about the civil, religious or personal rights of its populace. Since there have been many laws enacted and enforced over the last forty years concerning those very issues I would say that statement is balderdash. Is the acceptance of these rights not happening fast enough? Possibly.
We may not be a Utopian society, but we do try. Every day strides are being made to secure the rights and freedoms of as many people as possible. What the world and people like Ms. Boudlal need to remember is that with over 300,000,000 inhabitants, there are going to be situations when protecting those rights and freedoms is going to take more than a day, a week or a month. If your employer, landlord, neighbor or consumer product provider is endeavoring to make things right, let them try without the threat of involving the law.
I personally support your right to wear a hijab in the workplace Ms. Boudlal. Just as I support the rights of Christians to wear a cross or a Jew to wear a Star of David. Freedom of expression is an important part of being in America. What I do not support in this situation is your willingness and seeming relish of monetary gain for a perceived slight. I can see no other reason why you put forth such action.
Or am I wrong?
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Top-level comments on this article: (2 total)Interesting situation and open to controversy. However, is not the question also, "If I bring my customs to your country, must you change your country to accomdate my customs?" The constitution protects against persecution of the individual, but I believe law also protects the right of a business to conduct its trade in a lawful fashion. Disney has not said she could not work there, nor have they refused to respect her custom, they have merely said, "If you insist on practicing that custom of yours we will still let you work, but in a different capacity which fits in with your goal of earning a living and ours of conducting a business." It is, as they say, a free country. Many other businesses will gladly let the lady work for them wearing her customary clothing. She can join those applying for those jobs. There are others who would be only too happy to work for Disney without wearing that particular item. Freedom of choice includes choice of religious affiliation and adherence to tradition and choice of those who will help your business function. I believe in the right of the employee not to be abused, lied to, or cheated by the employer, but I also believe in the right of the employer to set standards of appearance and performance for their employees.Another thoughtful question. So many of our current traditions and customs are an amalgamation of brought here by other immigrants I'm not sure were we would draw the line. It is a free country and I wonder if by being that way we continue to open ourselves up for lawsuits like this.I appreciate your coming by and giving your thoughts on the matter Donovan.Grace
Companies should treat people equally. If there's a dress code, it should apply to everyone regardless of their race, religion or political beliefs.One's personal beliefs, religious or otherwise, should not entitle one to special treatment.... down that road madness lies - should Pastafarian soliders be allowed to wear full pirate regalia into battle rather than the uniform other soliders have to wear?Should Sikh firemen be exempted from having to wear the protective helmet?Should people who believe clothing is immoral (or prohibited by their religious code) be allowed to work naked as primary school teachers?Should monks from silent orders have the right to work as hostage negotiators while at the same time being allowed to refrain from speaking as per their beliefs?Should Amish rescue divers be exempted from having to use SCUBA gear?Should someone with the F-word or racist symbols tattooed on their face be allowed to work as a bank teller? Would it be wrong for the bank to offer to employee them only if they agreed to cover them up with some foundation while at work?There's a lot of beliefs out there, but it should be up to the individual to assess the requirements of the job and decide for themselves if they are willing to meet them or not - it is their *choice* (unlike matters of race or sex).Thank you for an incredible and in-depth response to this. You make a good point that employment is determined not only on what a person can bring to a company but also that a person is willing to follow the strictures the company sets down. If a company had to accommodate everyone's beliefs it would become impossible.Grace
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