An employer may decide to not hire an applicant solely because they wear a headscarf or turban if there is a policy in place stating that employees may not wear hats,etc.at work.

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The Supreme Court held that a job applicant seeking to prove a Title VII disparate treatment claim need only show that the need for a religious accommodation was a motivating factor in the prospective employer's adverse decision. Employers also need to be sensitive to possible instances of ethnic harassment, especially that which may unfairly relate to security concerns. Finally, employers may not require individuals of one ethnic background to undergo more significant security checks or other preemployment requirements unless all applicants for that position are required to do so.

An Employer May Decide to Not Hire an Applicant Solely