Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Addressing Potential Muslim Discrimination in the Workplace

Author: Scarinci Hollenbeck, LLC

Date: February 24, 2016

Key Contacts

Back

Addressing Potential Muslim Discrimination in the Workplace

In the wake of the Paris and San Bernardino attacks, the Equal Employment Opportunity Commission (EEOC) recently addressed how employers should tackle potential discrimination toward Muslims. The EEOC acknowledges that the fear and uncertainty associated with terrorism can lead to tensions in the workplace.

Photo by Adli Wahid on Unsplash

In addition to workers that might make inflammatory remarks, the EEOC also notes that other workers may be fearful of harassment. In either case, the agency makes it clear that employers are responsible for complying with Title VII of the Civil Rights Act of 1964.

Title VII Prohibits Discrimination

As employers should be aware, Title VII prohibits workplace discrimination based on religion, ethnicity, country of origin, race, or color.  The federal employment law bans discrimination in all aspects of employment, including hiring, job assignments, pay, and termination. Employers must also prevent or promptly address illegal workplace harassment. Lastly, Title VII also prohibits retaliation against someone who complains about a discriminatory practice, files a charge, or assists in an investigation of discrimination.

Upon announcing the guidance, the EEOC called on employers to be particularly mindful of discrimination against workers who are, or are perceived to be, Muslim or Middle Eastern. “We commend employers who have already taken steps to issue or re-issue policies on preventing harassment, retaliation and other forms of discrimination in the workplace, and we encourage all employers to remain vigilant and to communicate their commitment to inclusive workplaces throughout their organizations,” EEOC Chair Jenny R. Yang stated.

EEOC’s Questions and Answers

The EEOC guidance provides several illustrative examples of employer conduct that would violate Title VII. With regard to harassment, the agency provides the hypothetical situation of an Arab American named Muhammad, who works for XYZ Motors. Muhammad meets with his manager and complains that Jeff, one of his coworkers, regularly calls him names like “the local terrorist,” and “ISIS.”

The EEOC advises: “Managers and supervisors who learn about objectionable workplace conduct based on religion or national origin are responsible for promptly taking steps to correct the conduct by anyone under their control.  If, after an investigation, XYZ Motors ultimately determines that Jeff has harassed Muhammad, it should take disciplinary action against Jeff that is significant enough to ensure that the harassment does not continue.”

In terms of hiring, the EEOC presents the example of Aliyyah, a Muslim woman who wears a hijab (or head covering). When Aliyyah applies for a position as a cashier at XYZ Discount Goods, an XYZ assistant store manager fears that Aliyyah’s religious attire will make customers uncomfortable.

According to the EEOC: “XYZ should not deny Aliyyah the job due to customer preferences about religious attire.  This would be the same as refusing to hire Aliyyah because she is Muslim. It would be against the law.  It also would be unlawful for XYZ to assign Aliyyah to a position with no interaction with customers because she wears a hijab.”

The EEOC guidance highlights that discrimination against Muslims in the workplace is a growing concern. Employers are advised to review their hiring policies and remind all workers that harassment will not be tolerated.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate post image

Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]

Author: Donald M. Pepe

Link to post with title - "Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate"
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand post image

Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]

Author: Donald M. Pepe

Link to post with title - "Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand"
Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them post image

Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]

Author: Paul Grossman

Link to post with title - "Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them"
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!