Comprehensive Resources Help Employers Prevent Discrimination Against Muslim and Arab Workers

Author: Beth P. Zoller, XpertHR Legal Editor

Recent case law developments highlight the importance of preventing discrimination against workers who are Muslim or of Middle Eastern background. For instance, the Equal Employment Opportunity Commission (EEOC) filed suit against a company that operates several Bojangles' restaurants in North Carolina, alleging it discriminated against Muslim workers by failing to accommodate their religious beliefs. Similarly, a federal court ruled that a job applicant could proceed with her case against the clothing retailer Abercrombie and Fitch, in which she alleged that a California store refused to hire her for a part-time job because she wore a hijab (Islamic head scarf). Equal Employment Opportunity Commission v. Abercrombie and Fitch, +2013 U.S. Dist. LEXIS 51905 (N.D. Cal. 2013).

XpertHR offers a variety of content that can help an employer prevent discrimination against Muslim and Arab workers by:

• Implementing a zero-tolerance policy that strictly forbids discrimination and harassment based on religion and national origin including those of Arab, Afghani, or Middle Eastern descent and/or Muslim faith;
• Training employees, supervisors and managers on how to identify instances of discrimination against Arabs and Muslims in the workplace and how to report instances of religious or national origin discrimination or harassment;
• Establishing a multi-channel complaint system that permits employees to bring discrimination and harassment complaints to the attention of the employer;
• Investigating fully any allegation of discrimination or harassment or failure to accommodate religious beliefs;
• Training HR, supervisors and those with hiring responsibilities to avoid all interview questions and inquiries regarding religious beliefs or national origin and making sure that this does not factor into hiring decisions;
• Making decisions about hiring, compensation, promotions, transfer and terminations based on objective factors such as merit, qualifications and experience rather than an applicant's or employee's national origin or religion;
• Instituting a policy of accommodating religious beliefs if doing so would not cause undue hardship on the employer's business;
• Aiming to provide religious accommodations with regard to work schedules, dress code, prayer at work, etc. if doing so would not cause the employer undue hardship;
• Ensuring consistency in granting requests to provide religious accommodations;
• Engaging in the interactive process when handling a request for a religious accommodation and being willing to consider all feasible accommodations; and
• Documenting all discussions with the employee regarding possible religious accommodations.

Additional Resources

Employee Management > EEO - Discrimination

How to Prevent Religious Discrimination

Religious Accommodation Evaluation Form

How to Deal With an Employee Who Violates the Dress Code

Dress Codes and Appearance Policies in the Workplace - Supervisor Briefing