Treatment. That has to be against the law. It doesnt matter whether the employer knows it too absolute certainty. Absolutely. In that situation what is relevant is the employers intent. If the employer intends to discriminate on the basis of religion, that is a title vii violation. But whats going on here is that the employer seeks to apply a religion neutral dress code. It makes religious practice the refusal to accommodate religious practice is itself a violation. And that was done deliberately, was it not . So that religious practices would have to be accommodated. Yes, your honor. Two points in response. First we are not contending that religious practices do not have to be accommodated. But what we are contending is that an employer did not intentionally discriminate on the basis of a religious practice by enforcing a religion neutral dress code. What the statute does is to say that if you are wearing a headscarf for religious reasons, that the neutral policy really doesnt matter
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