An important issue for Ohio’s employers is when they may be required by law to provide religious accommodations for their employees. The Ohio Civil Rights Act prohibits employers from discriminating against individuals based on religion in regards to promotion, tenure, discharge, pay, fringe benefits, job training, classification, referral, terms, conditions, and privileges of employment, or any other matter directly or indirectly related to employment. Also, employers must provide a reasonable accommodation for sincerely-held religious beliefs and practices, including wearing religious garb or symbols—unless granting the accommodation constitutes an undue hardship.
In August, 2015 the Council on American-Islamic Relations filed an employment discrimination complaint with the Ohio Civil Rights Commission (OCRC) against the Columbus Police Division. The administrative complaint alleged that the division’s policy prohibiting wearing religious headscarves, or hijabs, while on duty discriminates against female Muslim officers and constitutes a violation of Ohio’s Civil Rights Act.
The issue first gained public attention when a newly-recruited female Muslim officer resigned from the Columbus police academy due to the Police Division’s policy against head scarves, as her hijab constituted an important part of her identity (Columbus Dispatch, “Somali Police Recruit Leaves Class Over Head-Scarf Rule”, April 28, 2015). To date, the OCRC complaint remains open and is being investigated for probable cause, and the Ohio Employment Lawyers Association, an organization dedicated to promoting the interests of individual employees, is attempting to negotiate with the division regarding their policy (Columbus Dispatch, “Lawyer Presses Columbus Police to Change Head-Scarf Ban”, Dec. 28, 2015).
Conversely, the CPD has reported that the intent of the policy is to maintain uniformity and impartiality when interacting with citizens, and that the division be viewed as a nonpolitical, nonreligious organization. (Columbus Dispatch, “Complaint Says Columbus Police Discriminate by Prohibiting Head Scarves”, Aug. 20, 2015). The CPD has also expressed concerns that wearing head coverings may pose certain safety concerns for officers on duty. In support of the division’s policy, Columbus Mayor Michael B. Coleman has stated, “When officers go out into the community, they should be classified as Columbus police officers, not Muslim police officers, not Christian police officers, not Jewish police officers, not Hindus, Baptists, or anything else.” (Columbus Dispatch, “Columbus Backs Head-Scarf Ban for Columbus Police Officers”, Aug. 17, 2015).
Similarly, the U.S. Equal Employment Opportunity Commission (EEOC) notes that under Title VII, “government agency employers, like private employers, must generally allow exceptions to dress and grooming codes as a religious accommodation, although there may be limited situations in which the need for uniformity of appearance is so important that modifying the dress or grooming code would pose an undue hardship.” However, the division’s policy does permit its officers to wear attire or articles representing their faith, such as a cross necklace, so long as they are hidden and/or underneath their uniforms. Likewise, the EEOC notes that an employer may reasonably accommodate the employee by requiring that his or her religious garb to be covered while at the workplace.
Despite some public concern about whether the CPD policy may deter job applicants of particular cultures or belief systems, the CPD reports their ongoing, increased efforts to reach out and recruit minority officers to enhance diversity of the force and avoid any perceived discrimination. (Columbus Dispatch, “Coleman Backs Head-Scarf Ban for Columbus Police Officers”, Aug. 17, 2015).
Employers will need to make a case-by-case determination of any requested religious accommodations in the workplace. Employers are encouraged to review their policies and practices to assure that they are compliant with federal and state employment laws requiring certain religious accommodations.