1&2: Is the company violating the law? / Is a strict dress code a defense for the company?
Yes, Employers are required to accommodate religion under Title VII unless it imposes undue hardship on the organization. This means: • “Employers may not treat employees more or less favorably because of their religion. • Employees cannot be required to participate “or to refrain from participating “in a religious activity as a condition of employment. • Employers must reasonably accommodate employees' sincerely held religious practices unless doing so would impose an undue hardship on the employer. • Employers must take steps to prevent religious harassment of their employees. • Employers may not retaliate against employees for asserting rights under Title VII” (ADF - Anti Defamation League).

The employer did not take Elise’s hijab into consideration they kept referring to the strict dress code policy. But, when Elise mentioned another employee who wears a cross around her neck they said the dress code was not strict on jewelry. “When it comes to religious apparel, typically only safety concerns constitute undue hardship” (ADF - Anti Defamation League). Customer preference is not a justification. An employer cannot prevent you from wearing religious clothing unless they can prove undue hardship on the business and customer preference rarely if ever meets the standard. Therefore the strict dress code is not a defense for the company. (Workplace Fairness, 2013)

Another point Elise made is when her coworkers were harassing her employer should have immediately asked more detailed questions and took the complaint more seriously. Telling Elise to call the 1800 numbers makes it seem they are not interested in handling the issue. An investigation should happen immediately. Addressing the issue directly and making sure it is stopped right away