Kimberly Cloutier was a member of the Church of Body Modification. In 1997, during her job interview for a position at Costco, Ms. Cloutier sported four tattoos and multiple earrings, but she had no facial piercings. She was hired and given a copy of the Costco dress code, which was modified several times between 1997 and 2001. One of the modifications prohibited employees from having facial piercings. As the policy was modified, Ms. Cloutier increased the number of body piercings she had, including an eyebrow ring. Ms. Cloutier maintained that they were part of her adherence to her faith, the Church of Body Modification (CBM), but she did not join the CBM until 2001. The CBM, which anyone can join via electronic application, had approximately 1,000 members at that time. The members participate in piercing, tattooing, branding, cutting, and body manipulation. Among the goals espoused in the CBM's mission statement are for its members to "grow as individuals through body modification and its teachings," to "promote growth in mind, body and spirit," and to be "confident role models in learning, teaching, and displaying body modification." However, the tenets of the faith do not require that body modifications be on display at all times.

She did not object on religious grounds to the dress code or any of its modifications until, in 2001, when her supervisors asked her to either remove the eyebrow ring while she was working or cover it with some form of adhesive bandage. Costco also proposed having her wear a clear plastic ring in the eyebrow piercing while she was working so that her body modification could still be seen but would not be conspicuous. Ms. Cloutier refused the proposed accommodations and filed a complaint with the EEOC. The EEOC concluded that Costco had discriminated on the basis of Ms. Cloutier's religion, and she then filed suit against Costco for religious discrimination in violation of Title VII. The district court granted summary judgment for Costco, and Cloutier appealed...............

 Discussion Questions
1. Explain what the court should do with the case.
2. Develop a policy for employers on tattoos and piercing that will survive judicial challenges.