Employment Law Information

Question by GreenEyedLilo: Is an anti-Goth school dress code “religious discrimination”?
A teenager in Florida who is both Goth and Wiccan argues that it is.

http://paganwiccan.about.com/b/a/000087.htm?nl=1

She says she needs to look Goth to express herself as a Witch. Personally, I disagree with that–most Witches I know aren’t Gothy at all, and I myself prefer white, turquoise, and green. But I do think outlawing a certain dress style is stupid.

Answer:

She’s associating the color black with being a witch.  Halloween witch, in my opinion.  She’s a wannabe Wiccan and does not truly understand what Wicca is.  Dressing Goth, just like dressing Rocker or Grunge, is a fashion statement.  Fashion statements are not a protected class.  Dressing Goth is not part of Wicca like wearing a Hijab is part of Islam.

Wicca, however is a religion.  The Civil rights Act of 1964 states “To be a bona fide religious belief entitled to protection under either the First Amendment or Title VII, a belief must be sincerely held, and within the believer’s own scheme of things religious.” (USCA Const. Amend 1: Civil Rights Act 1964 701 et seq., 717 as amended 42 USCA 2000-16)  Read more here:  http://www.religioustolerance.org/wic_rel.htm

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