Last week, a United States Magistrate Judge authorized a legal
photographer and two EEOC lawyers to enter, inspect, and photograph
Akebono Brake Corporation's West Columbia, South Carolina
facility.1 Although Akebono succeeded in narrowing the
scope of the EEOC's original, broader request (including
videography), the mere thought of a government agency sending its
lawyers into a business is enough to concern most employers.
The Akebono case arose out of a dispute involving
Akebono's alleged revocation of an employment offer to
Clintoria Burnett (via a staffing agency) after learning that her
religious belief prohibited her from wearing pants. According to
Akebono, permitting Burnett to wear skirts instead of pants was not
a reasonable religious accommodation because it would have created
an undue hardship. Specifically, Akebono contended that permitting
employees to wear loose clothing at its facility presented a safety
risk because the clothing could get caught in
