Employment Law | Expert Legal Commentary

June 22, 2009

Webb v. City of Philadelphia: No Religious Discrimination If Accommodation Causes an Undue Burden

Webb v. City of Philadelphia

By Jeremy J. Gray of Zuber & Taillieu LLP

The Third Circuit U.S. Court of Appeals has upheld the Philadelphia Police Department’s dress code policy that forbids police officers from wearing any religious garb. When the city prohibited a female officer from wearing a Muslim head scarf with her uniform, she sued the city, alleging religious discrimination, retaliation/ hostile work environment, and sex discrimination in violation of federal civil rights law and the Pennsylvania Religious Freedom Protection Act. Even though the Court in Webb v. City of Philadelphia, 562 F.3d 256 (3rd Cir. 2009), found that the plaintiff established a prima facie case for religious discrimination, it upheld the department policy because an accommodation would result in an undue burden to the department.

About the Author

Jeremy J. Gray is a Partner of Zuber & Taillieu LLP, focusing on employment law.

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