However, many laws in the United States exist that may protect their right to wear religious attire.

Muslims who wear attire for religious purposes need to be familiarized with their rights under the various state and federal laws and the U.S. Constitution when it comes to religious expression. Despite some setbacks to civil liberties that this nation has facaed in the past several years, there is still a good law out there that protects religious minorities, including Muslim Americans.

The First Amendment to the United States Constitution provides: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"

Whether she is employed by a private or public employer, in most instances, forcing a Muslim woman to remove her hijab or creating circumstances in which she is forced to do so may result in a violation of the First Amendment.

By prohibiting her from wearing hijab, an employer has denied her right to the free exercise of religion, as guaranteed by the First Amendment and incorporated against the states through the Fourteenth Amendment.

Further, in an employment discrimination scenario, a Muslim woman may take advantage of various state statues that protect religious civil liberties of religious minorities.

The Equal Employment Opportunity Commission has offices all across the United States that protect its citizens from harassment on the basis of race, color, religion, sex, national origin, disability or age.

Most state constitutions have in their articles civil liberties similar to those guaranteed in the First Amendment.

In California, for example, Article I, Section 4 of the California Constitution provides that free exercise and enjoyment of religion without discrimination or preference are guaranteed.

Right to free exercise of religion without impediments is also available to prison inmates who are Muslim.

The Religious Land Use and Institutionalized Persons Act offer specific protections to religious minorities, including Muslims.

This legislation passed by Congress provides that "no government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution . . . even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person – (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest."

In many prisons, there is a growing population of inmates who have embraced Islam that often require religious accommodation.

Wearing of the hijab on any prison level is certainly allowed.

The Federal Bureau of Prisons has enacted a policy regarding "religious headwear," which provides that "[s]carves and headwraps (hijabs) are appropriate for female inmates. . . ."

By bringing claims under the above noted rules, not only may a Muslim woman be able to enjoin an entity from violating her right to wear the hijab, but she may also be entitled to monetary damages in appropriate situations.

For a Muslim woman who feels she has been violated in this regard, she should write down the facts of any particular incident that deprived her of the right to wear hijab, and then immediately contact civil rights organizations such as the Council on American Islamic Relations or the ACLU and likewise seek legal consultation.

Owais Qazi, Esq. is practicing law in Southern California, specializing in immigration law. He can be reached at This email address is being protected from spam bots, you need Javascript enabled to view it