In the United States, the case would have been decided very differently from what we see happening in Europe. Title VII of the Civil Rights Act is very particular about discrimination in the workplace, especially with reference to this case – religious discrimination as described by the U.S. Equal Employment Opportunity Commission (2019a). The Act encourages people to be tolerant with each other rather than heighten temperatures through discrimination. In the Act, discrimination is touted to be based on among other things, religion. As such, banning hijab at an American workplace would be interpreted as discrimination based on religion.
Age discrimination is treating employees or applicants with an undue disadvantage due to their age. According to the U.S. Equal Employment Opportunity Commission (2019b), the Age Discrimination in Employment Act (ADEA) highly forbids the discrimination of people above the age of 40 or older. People under the age of 40 are not accorded protection by the Act. The law is clear that some actions; for instance, hiring, pay, firing, promotions, benefits, and training among others should not be avenues for discriminating against people who are above 40 years. Harassing a person owing to his/her age is further prohibited in the Act.
The European Union (2019) explains that since the year 2000, there was a directive that “banned discrimination on the basis of age in employment and occupation.” The directive protects against unfair treatment, being ridiculed at the workplace, and unfair edging out from opportunities due to age. In Europe, the directive is legally abiding but not an Act. Further, the European style on age discrimination does not mention the aspect of age. This implies that individuals who feel aggrieved due to discrimination in the workplace can seek legal assistance despite their age. In the United States, one must be 40 years or more to seek protection from the law.
Nice post! I concur with you that the United States would have had a different approach to the court case that was decided in Europe on the issue of religious discrimination. The United States is a rather sensitive country owing to its diversity and as such, the judicial system would have been more different.
Pregnancy is a phase of life in women where a lot happens to them both psychologically and physically. As such, there might be tendencies to discriminate against them, especially at the workplace. Luckily, as you have enumerated, Title VII of the Civil Rights Act has accorded them protection. According to Loggins Clay, Griffin, and Averhart (2018), in the U.S. black women are more likely to be discriminated against more than their white counterparts. This indicates that to them, pregnancy brings a two-fold discriminatory effect; based on pregnancy and race. It is impressive to learn that other countries such as Egypt are progressive on this issue than most would think.
European Union. (2019). Age Discrimination. Retrieved from https://ec.europa.eu/info/policies/justice-and-fundamental-rights/combatting-discrimination/age-discrimination_en
Loggins Clay, S., Griffin, M., & Averhart, W. (2018). Black/White disparities in pregnant women in the United States: An examination of risk factors associated with Black/White racial identity. Health & social care in the community.
U.S. Equal Employment Opportunity Commission. (2019a). Religious Discrimination. Retrieved from https://www.eeoc.gov/laws/types/religion.cfm
U.S. Equal Employment Opportunity Commission. (2019b). Age Discrimination. Retrieved from https://www.eeoc.gov/laws/types/age.cfm
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