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3rd Circuit Says Prison Can Bar Muslim Women Employees From Wearing Khimars

By Howard M. Friedman

In Equal Employment Opportunity Commission v. The Geo Group, Inc., (3d Cir., Aug. 2, 2010), the 3rd Circuit held, in a 2-1 decision, held that a private company which operated a prison under contract with the state did not violate Title VII of the 1964 Civil Rights Act when it refused to accommodate Muslim women employees by allowing them to wear khimars (Muslim scarfs). Geo policy permitted hats or other head coverings only if they were issued with a uniform.  The majority affirmed the grant of summary judgment for Geo, concluding that while this is a close case, the policy should be upheld.  It relied on testimony that the khimar posed a risk because it could be used to smuggle in contraband, it can be used to conceal the identity of the wearer, and it could be used against a prison employee in an attack. Judge Tashima dissented, contending that the majority "makes a shambles of our Title VII religious accommodation jurisprudence." He argued that on the basis of the record, a reasonable jury could find that GEO did not make a good faith effort to reasonably accommodate plaintiffs religious practices. AP yesterday reported on the decision.

Full post as published by Religion Clause on August 03, 2010 (boomark / email).