And should you not hire them for whatever reason, you can easily have a lawsuit on your hands for religious discrimination.
"Your Honor, my client was denied the position after they informed the defendant of their religious beliefs"
This is exactly what I meant as a No Win in my comment to JC above.
According to the news report, the woman was NOT objecting to wrapping presents but was objecting to wearing religious garb. An elf hat and santa apron are holiday (holy day) garb. That's why people don't wear them year-round.
The EEOC doesn't take nonsensical cases. They have an intensive investigative process, and an applicant's circumstances must meet a high standard.
An employer SHOULD be sued if they ask about religious beliefs and then refuses to hire someone because of his/her beliefs UNLESS they can demonstrate that those beliefs interfere with the prospective employee's fulfilling the ESSENTIAL REQUIREMENTS of the job. An example is fire and police applications. They all ask if a person has a religious objection to working on Saturdays. Working Saturdays is an essential part of the police and fire department; therefore, they can refuse to hire someone who will not work Saturdays because of religious beliefs, and it is NOT considered religious discrimination. Employers are not in a no-win situation.
Costumery is NOT an essential part of wrapping a gift. IF she were hired as a gift wrapper and then refused to wrap birthday and holiday gifts, the EEOC would never bring the case against the employer. In addition, the EEOC usually tried to mediate with the employee and employer and tries to educate the employer so he/she can avoid future problems. The fact that this is going to court indicates that the employer got its panties in a wad, refused to cooperate, and probably lawyered up.
We don't even know WHAT she was originally hired to do. I had a present wrapped several months ago in a large department store. Gift wrap in this store is combined with customer service, so the people who processed credit card payments were the same people wrapping gifts.
I find it curious that, with very few facts, people on this board are asserting that she absolutely was objecting to wrapping and not the clothing (wasblind), and that she really afraid of what others will think (Moshe). You people know nothing of the sort!
Was she physically capable of wrapping gifts in her underwear?
If you had a job that requires certain attire, say a garbage collector, and you showed up for work in white linen pants, can you do your job? Sure. Would any sensible person do it - not in a million years.
What the h*ll does this have to do with anything? This is a FIRST AMENDMENT ISSUE!!! Last time I checked, collecting garbage is not.