Here's A Dilemma

[Angrboda]

I think it's worth noting that the court may end up ruling on a much narrower ground than whether the hijab or the dress code should be the deciding factor here. During the interview, she did not request a religious accommodation, as, if I understand correctly, she is not typically required to do so under the 1964 Civil Rights Act. "A federal district judge originally ruled for Elauf, but an appeals court reversed and said it was the job applicant's responsibility to ask for the exception – just as people with disabilities must under the Americans with Disabilities Act." (USA Today) On this point, I can concur with Chief Justice John Roberts' worry that a dialogue about religious practices in interviews could lead to increased stereotyping and facilitate discrimination based on religion. As a person with a psychiatric disability, I know all too well the double-edged sword that disclosure can present. If I don't disclose in an interview, my failure to ask for accommodations at the appropriate time may result in my termination later. If I do disclose during an interview, I risk the possibility of being unfairly discriminated against without any real recourse or protection. I believe it said in the article that the hijab is a recognized religious habit for the purposes of the 1964 Civil Rights Act, but to my mind it is not clearly a purely religious adornment and so she might on those grounds need to make an explicit request for a religious accomodation during the interview, but as noted, this has attendant risks. It's worth noting that the defendant has allowed the practice of wearing the yarmulke in the past, so their argument based on a "look policy" seems a little thin.