Cloutier v. Costco Wholesale Corp.
United States Court of Appeals for the First Circuit
390 F.3d 126 (1st Cir. 2004)
Kimberly Cloutier (plaintiff), a Costco (defendant) employee, wore an eyebrow piercing she said her religion (the Church of Body Modification) required her to visibly wear at all times; after Costco updated its dress code to ban facial jewelry other than earrings, it offered Cloutier the option of covering the piercing with a band-aid or a clear plastic retainer rather than removing it, but she refused, insisting on visible display, and Costco terminated her. Cloutier sued under Title VII for failure to accommodate her religious practice; the district court found Costco's proposed accommodation reasonable, and Cloutier appealed.
Whether an accommodation of an employee can constitute an undue hardship under Title VII of the Civil Rights Act if the accommodation detracts from the employer's professional public image.