Anaheim, CAA new California labor law that goes into effect in the New Year addresses a problem that Muslim Imane Boudlal had with her employer, Disneyland, over her choice of dress in deference to stated guidelines Disney observes for their employees. AB 1964 requires that California employers must make reasonable accommodations with regard to an employee's religious rights and freedoms, especially when it comes to attire.
The wearing of a hijab is an important aspect of the Muslim faith. Disney, which operates the iconic theme park in the state (as well as Disney World in Florida), is known for its attention to detail. That detail encompasses the dress and deportment of all its employees in an effort to complete the look and feel that becomes the Disney experience.
One can well imagine the conflict that could--and did--ensue for Boudlal.
According to the Huffington Post (8/13/12), Boudlal managed to land a part-time job two weeks after moving to California in 2008. While she did not wear her hijab, or headscarf initially, Boudlal realized while studying to become a US citizen that the US constitution provided freedoms for expressions of religious faith.
That freedom will now be entrenched in California labor code as of next month, but it was not in 2010 when??"having worked at the Storyteller hotel restaurant for over two years??"she finally approached her employers to seek their permission to wear her hijab in the workplace.
Following a two-month wait, Boudlal was finally given permission to wear a headscarf, but only one designed and approved by Disney. Eventually fitted with a scarf that encompassed the look and feel of Disneyland, Boudlal was not provided with a date as to when she could begin wearing the customized scarf. She was also told, according to the report, that she would not be allowed to wear her own hijab over the interim.
With the onset of Ramadan, and in the absence of further word from Disney, Boudlal went ahead and wore her hijab to her job. That's when the trouble started. At the time there was nothing in California labor law to protect her.
In her California labor lawsuit, Boudlal said that in August 2010, when she began wearing her hijab for work, she alleges to have been told by Disney to either remove the hijab, or work "backstage" where she would not be seen by patrons. On seven separate occasions Boudlal was allegedly sent home without pay for wearing her hijab to work.
Disney's eventual solution was to offer Boudlal a substitute headdress that Boudlal found unacceptable. In an interview with KTLA Los Angeles, Boudlal is reported to have said: "The hat makes a joke of me and my religion, and draws even more attention to me. It's unacceptable. They don't want me to look Muslim." Boudlal was soon suspended from her job at Disney.
Boudlal is reported to have filed a complaint with the US Equal Employment Opportunity Commission in 2010 and finally received a notice of her right to sue in August of this year. After getting the go-ahead from the feds, Boudlal filed her California labor lawsuit later that month.
The new California labor law allows more protections against such discrimination allegedly suffered by Boudlal. AB 1964 clarifies that religious dress and grooming practices are covered by existing and updated protections against religious discrimination.
According to the new California labor employment law that comes into effect next month, employers are required to reasonably accommodate employees observing the traditions of their respective religions, including dress.
That said, the new California employee labor law specifically notes that segregating an employee is not interpreted as a reasonable accommodation.