Publication Date 08/30/2010
Source: Lawyers USA
http://tinyurl.com/32lphse
Job applicant with dreadlocks can't get damages, says 7th Circuit [Lawyers USA]
A Rastafarian who claimed he didn't get a job because of his dreadlocks can't recover damages for religious discrimination, the 7th Circuit has ruled in affirming judgment.
The plaintiff wears his hair in dreadlocks in accordance with the tenets of his religion. He sued for religious discrimination under Title VII after the defendant allegedly refused to hire him because he wouldn't agree to cut his hair in conformity with the company's grooming policy.
The court decided that the defendant could not be held liable because the plaintiff never brought his religious beliefs to the employer's attention during the interview process.
The court explained that this conclusion was not altered by the plaintiff's allegation that he told the job interviewer that it was against his "belief" to cut his hair.
"[The plaintiff] claims that his use of the word 'belief' and the dreadlocks themselves sufficed to notify [the interviewer] of the religious nature of his hairstyle. But unlike race or sex, a person's religion is not always readily apparent. ...
"[The interviewer] testified that he was not familiar with the Rastafarian faith and did not associate [the plaintiff's] statement of 'belief' with religion. The district court concluded that [the interviewer] did not know that [the plaintiff] wore his dreadlocks for religious reasons, and that finding is not clearly erroneous," the court said.
U.S. Court of Appeals, 7th Circuit. Xodus v. Wackenhut Corp., No. 09-3082. Aug. 27, 2010. Lawyers USA No. 993-2228.
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What's this mean for kippa-wearing Jews?
Don't expect all potential employers to understand the kippa is "proper apparel" for Jewish males - if there is a question or challenge, explain that it is a Jewish religious thing (and expect a push-back because "We have lots of Jews here and THEY don't wear those things work").
Of course the kippa is a relatively new tradition we adapted from one of the peoples that controlled Israel at one time or another. The story is that these people covered their heads as a sign of respect for their rulers. In typical Jewish mentality, we thought: Gee, if they cover their heads for an earthly king, how much more important is it for use to cover our hears in the presence of THE King.
For a similar reason, old-line Moroccan Jews still don't cross their legs during prayers. In Morocco, it was considered an insult to a judge if people in the courtroom crossed their legs; if it's an insult to a human judge, how much more to THE Judge.
Yohanon Glenn
Yohanon.Glenn at gmail dot com
