News Flash: Hijab Is Not Part Of The Disney Look

"Disney is an entertainment company," [Disneyland Resort spokeswoman Suzy] Brown said in a prepared statement. "Our theme parks and resorts are the stage and our costumed cast members (employees) are an important part of the show. When cast members are hired, regardless of their diverse beliefs, the expectation to comply with our appearance guidelines is made abundantly clear."

This is being covered as another case of an employer and the religious requirements of employees, but I think it is something different:

A Muslim employee is refusing to wear a hat and bonnet that Disney provided in place of a head scarf, which she wants to leave on at work for religious reasons.

Imane Boudlal, a restaurant hostess at Disney's Grand Californian Hotel, last week in a press conference accused Disney of religious discrimination for refusing to let her wear a hijab, a head scarf, in public view.

The job and costume options remain available to Boudlal, if she wants to come back to work.
Disney is known for its strict dress code, called the Disney Look.

By all appearances, Disney has followed the requirements of Federal law, which requires it to provide "reasonable accommodations" to workers so they can practice their religion, so long as this does not create an "undue hardship," or safety problems. Disney also has a history of offering accommodations for for employees' religious requirements--"such as longer skirt hems, skirts instead of pants, and hats as substitutes for religious head wear".

On the other hand, by Tuesday, Boudlal had rejected a third, alternative head covering suggested by Disney and its offer of four different jobs so that she could continue to wear a hijab.

What is interesting is that the issue doesn't appear to be the hijab at all--Boudlal wants to appear Muslim in public.

"They don't want me to look Muslim," Boudlal said in the prepared statement. "They just don't want the head covering to look like a hijab."

It's the Muslim look vs. the Disney Look--but the point is that in no way is Disney not allowing her to fulfill her religious requirement.

CAIR of course has not passed up on this, and helpfully adds weight to the idea that this is not about religious rights at all:

The Council on American-Islamic Relations is supporting Boudlal's actions. "Disney's treating the hijab as a mere piece of clothing that must be downplayed or hidden from guests' view is unreasonable and discriminatory," said Affad Shaikh, the council's civil rights manager, in a prepared statement. "Disney should be able to accommodate Ms. Boudlal's request to wear a hijab (even if it's a substitute hijab that Disney insists she wear) in a manner that preserves her Muslim identity as well as her human dignity. The onus is on Disney to say that her wearing a scarf in her current position would be burdensome for them."

No, actually the burden is on CAIR to spell out that the options Disney is offering are in fact suitable for Boudlal's religious requirements and the real issue is that she wants to appear Muslim in public.

That is her right, but since it was spelled out to Boudlal, as with all employees, that there are 'appearance guidelines', it is a little late for her to now make demands to show her Muslim identity in public.

Actually, this is not the first time Disney has been faced with this kind of lawsuit from a Muslim who wanted to wear a hijab.

In 2004, Disney World in Florida was sued by a female Muslim employee who wanted to wear a head scarf to work. The case was settled out of court and the terms were confidential.

In the end, this case will probably be resolved the same way.

Technorati Tag: Disney and Hijab and Imane Boudlal.