By and large, such “religious accommodation” regimes provide that religious objectors may get exemptions even from generally applicable laws unless denying the exemption is necessary to serve a compelling government interest.[53] So if a government action requires someone to do something that he sees as religiously forbidden (e.g., working on the Sabbath), then sometimes — but not always — the objector will be able to get an exemption.[54] The same is true if a government action forbids someone from doing something he sees as religiously required (e.g., wearing religiously mandated dress or facial hair, or using peyote in a religious ceremony). The federal Civil Rights Act similarly gives employees, public or private, the right to an exemption from generally applicable work rules that interfere with the employees’ religious practices, unless the exemption would work an “undue hardship” on an employer.[55] Under these rules, Muslim employees could sometimes claim exemptions from some employer dress codes or hairstyle rules.[56] Muslim litigants or witnesses could claim exemptions from court rules that require people to keep their heads uncovered in court.[57] Muslims could ask for time off to pray[58] or days off for religious holidays.[59] Muslim cab drivers could ask for the right to refuse to carry passengers who are visibly carrying alcohol, despite a generally applicable policy requiring cab drivers to take all comers.[60]

Letting Muslims claim broadly available religious exemptions from generally applicable laws or work rules Sunday, February 23, 2014 @ 2:54pm