Laws Protecting Women Who Wear Hijab

1) The First and Fourteenth Amendments of the U.S. Constitution bar federal and state governments from making laws or rules that specifically
prohibit women from practicing hijab. In some circumstances, however, the
Constitution allows neutral rules that apply to everyone, such as a rule barring all headcoverings, whether religious or not.

2) The Fourteenth Amendment and numerous federal civil rights laws bar
federal and state officials and some private actors from discriminating against women who practice hijab.

3) The Religious Freedom Restoration Act (RFRA) provides additional protection at the federal level by barring the federal government and its officials from restricting women’s ability to practice hijab (either specifically or through generally applicable rules), unless the government can demonstrate that its action was the “least restrictive means” for achieving a “compelling governmental interest.”3 Although RFRA does not apply to state governments, many states have adopted their own “mini-RFRAs” or interpreted their state constitutions to provide the same heightened protections.

4) The Religious Land Use and Institutionalized Persons Act (RLUIPA) bars
government officials from restricting women’s ability to practice hijab when
they are confined to any institution that receives federal funding (such as state prisons), unless the government can demonstrate that its action was the “least restrictive means” for achieving a “compelling governmental interest.”

5) One federal civil rights law, Title VII of the Civil Rights Act of 1964, prohibits an employer from firing, refusing to hire, or disciplining a woman
because of religious practices like hijab, unless the employer can show that
it offered a “reasonabl[e] accommodat[ion]” or that it could not offer such
an accommodation without incurring an “undue hardship.”5 The Equal
Employment Opportunity Commission (EEOC) specifically states that refusing to hire someone because of a concern that customers or co-workers
may be “uncomfortable” with hijab is illegal.6 Many states and municipalities have additional laws protecting employees from discrimination, threats,
and harassment.