One federal civil rights law, Title VII of the Civil Rights Act of 1964, prohibits an employer from firing, refusing to hire, or disciplining a woman because of religious practices like hijab, unless the employer can show that it offered a "reasonabl accommodat" or that it could not offer such an accommodation without incurring an "undue hardship." 5 The Equal Employment Opportunity Commission (EEOC) specifically states that refusing to hire someone because of a concern that customers or co-workers may be "uncomfortable" with hijab is illegal.
The Religious Land Use and Institutionalized Persons Act (RLUIPA) bars government officials from restricting women's ability to practice hijab when they are confined to any institution that receives federal funding (such as state prisons), unless the government can demonstrate that its action was the "least restrictive means" for achieving a "compelling governmental interest." 4 The Religious Freedom Restoration Act (RFRA) provides additional protection at the federal level by barring the federal government and its officials from restricting women's ability to practice hijab (either specifically or through generally applicable rules), unless the government can demonstrate that its action was the "least restrictive means" for achieving a "compelling governmental interest." 3 Although RFRA does not apply to state governments, many states have adopted their own "mini-RFRAs" or interpreted their state constitutions to provide the same heightened protections. The Fourteenth Amendment and numerous federal civil rights laws bar federal and state officials and some private actors from discriminating against women who practice hijab. Samantha Elauf (right), plaintiff in the EEOC case challenging Abercrombie & Fitch Stores. In some circumstances, however, the Constitution allows neutral rules that apply to everyone, such as a rule barring all headcoverings, whether religious or not. Constitution bar federal and state governments from making laws or rules that specifically prohibit women from practicing hijab. The First and Fourteenth Amendments of the U.S. These rights protect Muslim women's right to participate equally in society, whether at work, at school, at the DMV or other government offices, in the criminal justice system, or in public places. Numerous sources of law protect these rights (see below). They also have the right to be treated equally and the right not to be discriminated against or harassed because of their religion, their gender, or perceptions about their nationality or ethnicity. Muslim women, like all people in the United States, have the right to practice their religion.
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Muslim women should be free to express their religious beliefs- including choosing whether or not to wear headcoverings-free from discrimination and prejudice.
Some women additionally cover much of their face with a covering known as niqab. Many Muslim women, although by no means all, practice hijab 1 in accordance with their religious beliefs: these women may wear a headscarf, also known as hijab or khimar, and loose-fitting clothing when they are in public and when they are in the presence of men who are not part of their immediate family. Muslim women are a fast-growing segment of the United States population that reflects the breadth of this country's racial, ethnic, and multicultural heritage and includes U.S.-born Muslims of diverse ethnicities, immigrants from many countries and regions, and converts from various backgrounds.
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