HIJAB IN THE WORKPLACE Q&A Q. What are the requirements for Muslim women's dress?

A: Rules regarding Muslim women's (and men's) attire are derived from

the Quran, Islam's revealed text, and the traditions (hadith) of the

Prophet Muhammad (peace be upon him). In the Quran, God states: "Say to

the believing men that they should lower their gaze and guard their

modesty...And say to the believing women that they should lower their

gaze and guard their modesty; that they should not display their beauty

and adornments except what (must ordinarily) appear thereof; that they

should draw their veils over their bosoms and not display their beauty

except to their husbands, their fathers...(a list of exceptions)"

[Chapter 24, verses 30-31] Also, "O Prophet! Tell thy wives and

daughters, and the believing women, that they should cast their outer

garments over their persons...that they should be known and not

molested." [Chapter 33, verse 59] In one tradition, the Prophet Muhammad is quoted as saying: "...If the

woman reaches the age of puberty, no part of her body should be seen but

this --- and he pointed to his face and hands." From these and other references, the vast majority of Muslim scholars

and jurists, past and present, have determined the minimum requirements

for Muslim women's dress: 1) Clothing must cover the entire body, with

the exception of the face and the hands. 2) The attire should not be

form fitting, sheer or so eye-catching as to attract undue attention or

reveal the shape of the body. There are similar, yet less obvious requirements for a Muslim male's

attire. 1) A Muslim man must always be covered from the navel to the

knees. 2) A Muslim man should similarly not wear tight, sheer,

revealing, or eye-catching clothing. In addition, a Muslim man is

prohibited from wearing silk clothing (except for medical reasons) or

gold jewelry. A Muslim woman may wear silk or gold. (References: "The Muslim Woman's Dress," Dr. Jamal Badawi, Ta-Ha

Publishers; "Hijab in Islam," Maulana Wahiduddin Khan, Al-Risala Books;

"The Islamic Ruling Regarding Women's Dress," Abu Bilal Mustafa

Al-Kanadi, Abul-Qasim Publishing; "Islamic Dress," Muslim Women of

Minnesota; "Your Hijab and U.S. Law," North American Council for Muslim

Women) Q. Is Islamic dress appropriate for modern times? A: Islamic dress is modern and practical. Muslim women wearing Islamic

dress work and study without any problems or constraints.



Q. Does Islamic dress imply that women are submissive or inferior to men? A: Islamic dress is one of many rights granted to Islamic women. Modest

clothing is worn in obedience to God and has nothing to do with

submissiveness to men. Muslim men and women have similar rights and

obligations and both submit to God.

Q. But aren't there Muslim women who do not wear Islamic Dress, or hijab? A: Some Muslim women choose not to wear hijab. Some may want to wear it

but believe they cannot get a job wearing a head scarf. Others may not

be aware of the requirement or are under the mistaken impression that

wearing hijab is an indication of inferior status.

Q. Why is Islamic dress becoming an issue for personnel managers and

supervisors? A: The Muslim community in American is growing rapidly. Growth factors

include conversions to Islam, immigration from Muslim countries and high

birth rates for Muslim families. As the community grows, more Muslim

women will enter the work force. In many cases, these women wish both to

work and to maintain their religious convictions. It should be possible

to fulfill both goals.

Q. What issues do Muslim women face in the workplace? A: Muslim women report that the issue of attire comes up most often in

the initial interview for a job. Some interviewers will ask if the

prospective employee plans to wear the scarf to work. Others may

inappropriately inquire about religious practices or beliefs. Sometimes

the prospective employee, feeling pressure to earn a living, will take

off the scarf for the interview and then put it on when hired for the

job. Modest dress should not be equated with incompetence. Other issues include unwanted touching or pulling on scarves by other

employees, verbal harassment or subtle ostracism and denial of

promotion. Many Muslims also object to being pressured to attend

celebrations of other religious traditions or to attend

employer-sponsored celebrations at which alcohol is served.

Q. What can an employer reasonably require of a woman wearing hijab? A: An employer can ask that an employee's attire not pose a danger to

that employee or to others. For example, a Muslim woman who wears her

head scarf so that loose ends are exposed should not be operating a

drill press or similar machinery. That employee could be asked to

arrange her hijab so that the loose ends are tucked in. An employer can

ask that the hijab be neat and clean and in a color that does not clash

with a company uniform.



Q. What are the legal precedents on this issue? A: Many cases have demonstrated an employee's legal right to reasonable

accommodation in matters of faith. Examples: 1) The failure of other

Muslim employees to wear headscarves is legally irrelevant. The employee

need only show sincerely-held religious beliefs. (E.E.O.C. v. Reads,

Inc., 1991) 2) There are no health or safety concerns at issue. (Cf.

E.E.O.C. Dec. No. 82-1, 1982, also E.E.O.C. Dec. No. 81-20, 1981) 3)

Companies cannot give effect to private biases. In other words, just

because an employer believes customers will be prejudiced against a

woman in a scarf, that does not mean the employee can be fired. (Palmer

v. Sidoti, 1984, also Cf. Sprogis v. United Air Lines, Inc., 1971) 4) An

employer must demonstrate "undue hardship" caused by the wearing of

religious attire. (TWA v. Hardison, 1977) Hardships recognized by the

courts include cost to the employer or effect on co-workers. 5) Dress

codes can have disproportionate impact on certain faiths. (E.E.O.C. Dec.

No. 71-2620, 1971, also E.E.O.C. Dec. No. 71-779, 1970) © 1998 CAIR. All Rights Reserved.