Calling it a "close case", a 3rd Circuit panel ruled 2-1 yesterday that a Pennsylvania prison did not violate the civil rights of female Muslim employees in prohibiting the wearing of headscarves as a condition of continued employment. The private company (GEO) running the facility argued that accommodating the religious needs of those workers would threaten security, as scarves (khimars) could be used as weapons by inmates, or as a means of hiding contraband, and makes visual identification more difficult. A majority of the appellate judges accepted this explanation:
Even assuming khimars present only a small threat of the asserted dangers, they do present a threat which is something that GEO is entitled to attempt to prevent. . . .
The arguments presented by the parties make this a close case. The EEOC has an enviable history of taking steps to enforce the prohibition against religious discrimination in many forms and its sincerity in support of its arguments against the application of the no headgear policy to Muslim employees wearing khimars is evident. On the other hand, the prison has an overriding responsibility to ensure the safety of its prisoners, its staff, and the visitors. A prison is not a summer camp and prison officials have the unenviable task of preserving order in difficult circumstances.
Coverage in the Philadelphia Inquirer is here.
