What the law protects
California's Fair Employment and Housing Act (FEHA) defines religious creed to include religious dress and grooming practices, such as wearing religious clothing, head or face coverings, jewelry or artifacts, and any hairstyle, facial hair or body hair that is part of a sincerely held religious belief.
Examples
- A hijab, turban, yarmulke, headscarf or veil.
- A beard or uncut hair.
- Religious jewelry such as a cross, kara or medallion.
- Long skirts or modest clothing in place of a standard uniform.
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It is not a reasonable accommodation to move an employee out of public view or away from customers because of religious dress or grooming, unless the employee requests it.
Safety rules
Employers can apply genuine safety requirements, but must look for alternatives that let the employee follow both, such as a different style of protective equipment.
Applicants are protected too
An employer generally can't refuse to hire an applicant because their religious dress or grooming doesn't fit a "look policy" or brand image. If the employer suspects that an applicant's practice may conflict with a policy, it should discuss accommodation rather than reject the applicant. Customer preference is not a valid reason to deny an accommodation.
What counts as undue hardship
The employer must show significant difficulty or expense, considering its size and resources. Concerns about appearance, uniformity or what customers might think usually don't meet that standard.
What to do
- Request an exception to the dress or grooming policy in writing.
- Explain the practice briefly; you don't need clergy documentation.
- Keep copies of the policy and the response.
- Talk to a lawyer if you were denied, disciplined or not hired.
Read the full guide
This page covers one part of a larger topic. Our complete guide explains the rest: the laws that protect you, how claims are proven, what you can recover and the deadlines that apply.
How your case works with us
Most employees have never hired a lawyer before. Here's what working with us looks like, from the first call to resolution.
- Free, confidential consultation. We listen to what happened, review any documents you have, and tell you honestly whether you have a claim, which laws apply, and which deadlines matter.
- Investigation. We gather your personnel file, payroll records, and communications, identify witnesses, and request records your employer is legally required to provide.
- Agency filings, when required. For claims under FEHA, we file with the California Civil Rights Department and obtain a right-to-sue notice so your case can proceed in court.
- Demand and negotiation. Many cases resolve through a demand letter, early negotiation, or mediation, without a trial.
- Litigation, if needed. If your employer won't do right by you, we file suit and are prepared to take the case through discovery and trial or arbitration.
Fees. Most employment cases are handled on a contingency basis. You pay no attorney fees unless we recover money for you, and many California employment laws require the employer to pay your attorney fees if you win.