Employers should never say anything....just don’t hire them, but don’t say anything that will give them reasons to sue.
Did you read the post? The women interview without head scarves and then wear one to work. This actually happened in a very upscale NYC department store.
The only way around it is to ban all head coverings, but maybe they are afraid of being sued for that!
Nice try. employers are required to save all applications of all applicants. If you are found hiring people with lesser qualifications, you are in trouble.