Motion Denied: Turban Branding Rejected by Federal Judge
(New York, New York) October 6, 2010 - In a week of major legal momentum (see Victory One, Victory Two), a federal judge last week rejected a motion requesting legal sanction for the branding of Sikh turbans with the Metropolitan Transit Authority logo.
At issue in the case is whether the New York City Transit Authority (TA) can force Sikh and Muslim workers to brand their religious headdress with its logo. The TA cites security concerns post 9/11 as the reason for the policy.
In March 2005, the United States Justice Department released results from an investigation that found over 200 instances of TA employees wearing headdress without a TA logo over the course of three days. This included TA-issued Russian-style winter hats without a logo.
The TA nevertheless insists that it must place its logo on Sikh turbans and Muslim hijabs so that they are identifiable as TA workers. The TA makes this assertion despite the fact that Sikh and Muslim workers worked for the TA successfully for decades before 9/11 without branding their headdress.
The Justice Department filed its own discrimination suit against the Transit Authority in September 2004. In July 2005, the Sikh Coalition filed discrimination charges and a subsequent lawsuit on behalf of five Sikh station agents and a Sikh train operator.
Last week, in a 41 page opinion in the United States' case against the Transit Authority, Judge Sandra Townes of the United State District Court for the Eastern District of New York, rejected the Transit Authority's motion to rule in its favor without trial.
Moving Forward:
Judge Townes essentially rejected the TA's attempt to end the discrimination suit. Her ruling means that the United States' case against the Transit Authority may proceed to trial.
The Sikh Coalition, in partnership with its co-counsel at the Center for Constitutional Rights and the Law Offices of Bhalla & Cho will continue to support the individual Sikh clients' claims in federal court till the very end.
Lexus Auto Dealer Refuses to Hire Qualified Sikh Applicant Because of His Beard, According to Federal Government Suit
(Little Falls, N.J.) October 1, 2010 - Earlier this week, the federal Equal Employment Opportunity Commission (EEOC) filed a lawsuit against Tri-County Lexus, a large car dealership in Little Falls, N.J., for refusing to hire a qualified Sikh applicant solely because he refused to shave his beard.
The Sikh Coalition represents the Sikh, Gurpreet S. Kherha, and filed the discrimination complaint which led to the government's lawsuit. The Coalition will continue to represent Gurpreet and will consolidate the state lawsuit filed by the Coalition in Spring 2010 with the federal lawsuit.
The EEOC lawsuit states that Tri-County Lexus violated federal law by refusing to hire Gupreet for a sales position that he was well-qualified for because of a grooming policy that prohibits facial hair. Although Gurpreet explained that he could not shave because of his religious beliefs, the dealership informed him that if he wanted to be hired he would have to shave his beard. Gupreet refused to sacrifice his faith, and was rejected for the sales position.
This lawsuit is one of two filed by the federal government in a single day against employers discriminating against Sikhs. This unprecedented level of support makes it clear that both the government and community based organizations such as the Sikh Coalition will hold employers accountable for discrimination against Sikhs.
"We hope this suit sends a message to companies like Tri-County Lexus that the Sikh community will force them to answer for their discrimination," said Harsimran Kaur, Legal Director, Sikh Coalition. "We are ready to enforce our rights in court."
"Tri-County Lexus forced a Sikh to choose between his religion and employment," said Ravinder S. Bhalla, Esq., of Bhalla and Cho LLC, co-counsel on this case. "Now they are answering for their discrimination in court."
"Where a reasonable accommodation can be made, the law prevents an employer from requiring an employee to choose between being hired and following his or her religious practices," said Spencer H. Lewis, director of the EEOC's New York District Office. "Permitting Mr. Kherha to wear his beard because of his religious beliefs would not have been a burden on the dealership; instead, this would have given the dealership the benefit of a well qualified salesperson."
The Sikh Coalition thanks attorney Ravinder Singh Bhalla, an experienced New Jersey litigator, for his partnership in this case.
Sikh Coalition Client Harassed by Managers and Customers, Barred From Wearing Turban, then Fired, According to Federal Government Suit
(Boston, MA) September 29, 2010 - The federal Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against AutoZone, Inc., a national automobile parts store, for discriminating against a Sikh employee. The Sikh Coalition filed a discrimination complaint on behalf of the Sikh employee -- Frank Mahoney Burroughs -- which led to the government's lawsuit. The Coalition will continue to represent the employee in the federal lawsuit.
The EEOC lawsuit states that AutoZone violated federal law by verbally insulting and humiliating the employee after he adopted Sikhism, by refusing to let him wear a turban, and by firing him after he complained about the discrimination. For example, a manager asked Mahoney Burroughs if he was a terrorist and had joined Al-Qaeda and whether he intended to blow up the store. In addition, AutoZone failed to intervene when customers referred to Mahoney Burroughs as "Bin Laden" and made terrorist jokes.
This lawsuit makes clear that the federal government is taking employment discrimination against the Sikh community seriously. The government only files lawsuits in less than half of one percent of all cases brought to its attention.
"We are thankful for the EEOC's lawsuit," said Sandeep Kaur, staff attorney, Sikh Coalition. "I hope this lawsuit makes it clear that the Sikh community will not allow Sikhs to be harassed in the workplace. We will file complaints, partner with government agencies, and hold employers accountable in court when necessary. We will fight to ensure that Sikh Americans enjoy equal employment opportunity."
Spencer H. Lewis, Jr., the director of the EEOC's New York District Office, which has jurisdiction over Massachusetts, said, "Employers are obligated to accommodate the religious beliefs of employees unless the accommodation poses an undue hardship. The EEOC will continue to take swift action to protect employees from religious discrimination."
The Sikh Coalition thanks the Lawyers' Committee for Civil Rights in Boston, in particular, Staff Attorney Laura Maslow-Armand, for their partnership in this case.
Protect Yourself from Religious Discrimination in the Workplace
As always, the Coalition calls on all Sikhs to stand up for their rights and fearlessly maintain their articles of faith.
Information explaining your rights in the workplace:
* EEOC Guide on the Workplace Rights of Muslims, Arabs, South Asians, and Sikhs
* EEOC Guide on Employer Responsibilities Towards Muslims, Arabs, South Asians and Sikhs.