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Justice Dept. Helps Sikh Fight Discrimination

By TChris, Section Civil Liberties
Posted on Fri Jan 07, 2005 at 03:28:09 PM EST
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by TChris

During the 25 years he's worked for the New York Metropolitan Transportation Authority, Kevin Harrington has worn a turban. The Sikh subway driver is now being told he'll be demoted to a job in the yards if he defies a directive to wear an MTA badge on his turban.

"I feel wearing the patch violates my religious freedom," Harrington, 53, told The New York Daily News. "The turban is a sacred space, so it's like asking a priest to wear a logo on his vestments."

Harrington's lawyer, Amardeep Singh, said his client had always worn the turban in his 25 years on the job, but it was only after "9/11 that the agency tried to get its Sikh and Muslim employees to stop wearing their turbans and hijabs."

Employees who don't wear turbans presumably affix their badges to other articles of clothing. It's difficult to imagine a nondiscriminatory rationale for denying Harrington the same opportunity. A Justice Department lawsuit, filed in September, should put an end to MTA's infringement of Harrington's right to practice his religion. Until then, Harrington is complying (albeit grudgingly) with MTA's demands.

"It just feels stupid," he said. "I feel like a church has been desecrated."

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    Justice Dept. Helps Sikh Fight Discrimination | 23 comments (23 topical)
    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#1)
    by pigwiggle on Fri Jan 07, 2005 at 04:02:15 PM EST
    My god, it looks ridiculous too.

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#2)
    by Che's Lounge on Fri Jan 07, 2005 at 04:06:15 PM EST
    Degrading.

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#3)
    by Talkleft Visitor on Fri Jan 07, 2005 at 04:11:13 PM EST
    this is so stupid. why can't he put it on his shirt like everyone else? i am hoping this story gets a lot of attention as i am sure the mta is not alone in acting this way. i am dreading the comments from people posting that will actually defend the mta's bigoted and ignorant actions...

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#4)
    by Kitt on Fri Jan 07, 2005 at 04:16:22 PM EST
    The story is a bit sparse. If he's required to wear a badge then I'm thinking he's probably required to wear a uniform. If not, why couldn't he wear it around his neck like we wear our hospital badges or the cops do that come in that aren't in uniform. They either have around their neck, on the sportcoat pocket, belt. Why force the issue on the turban? Unless someone is trying to prove a point.

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#5)
    by pigwiggle on Fri Jan 07, 2005 at 04:25:04 PM EST
    The justification is other employees are required to wear a uniform cap with the same insignia. He was given a turban that matched the uniform but the insignia had to be attached after the fact. So, cap with insignia = turban with insignia.

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#6)
    by Talkleft Visitor on Fri Jan 07, 2005 at 04:30:59 PM EST
    I certainly think there should be an alternative (someone mentioned wearing a badge around the neck) but in the end, I think that in the public arena, religion should be second to regulations. I go to a public highschool in New York, and I'll say that I feel it is degrading not to be allowed to wear a hat when Muslim and Jewish students are allowed to wear their head wear. Of course, the constituion is pretty explicit about these things.

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#7)
    by Talkleft Visitor on Fri Jan 07, 2005 at 04:32:54 PM EST
    pigwiggle; this is actually the full story;
    MTA officials see the patch and the color-coordinated turban they gave him as a compromise offered after the agency backed down from its ruling in June that Harrington couldn't wear a turban at all, only an official MTA cap. The ruling had come after Harrington wore a turban for 25 years at NYC Transit.
    i don't see why the changed the policy regarding the wearing of turbans. what was the purpose? what was the justification of that? particularly after allowing him to wear his own turban for 25 years.

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#8)
    by Talkleft Visitor on Fri Jan 07, 2005 at 04:35:37 PM EST
    And another thing. I don't think this is exactly violating his religion. He may object personally, but if there's no religious law about it, it doesn't seem like he is protected constitutionally. If a Jewish or Muslim employee was forced to eat pork, that would be clearly objectionable, I find this far less convincing.

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#9)
    by Talkleft Visitor on Fri Jan 07, 2005 at 04:38:15 PM EST
    Employees who don't wear turbans presumably affix their badges to other articles of clothing. It's difficult to imagine a nondiscriminatory rationale for denying Harrington the same opportunity. ...TChris To Harrington, 53, who became a Sikh almost 30 years ago, wearing the familiar blue-and-white logo on his turban is discriminatory, especially when he says other workers routinely get away with wearing plain caps with no MTA insignia. ...from the link TChris So, "other workers routinely get away with wearing plain caps with no MTA insignia." This sure implies that caps with insignias are required, and not "Employees who don't wear turbans presumably affix their badges to other articles of clothing." as you suggest. And I'm not even a hot-shot lawyer. Now, if the rule is being unfairly applied, as Harrington claims, then that would certainly be discriminatory.

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#10)
    by TChris on Fri Jan 07, 2005 at 04:41:59 PM EST
    Free Rad -- Suppose a Christian were told to pin a badge over her cross? MTA's directive is, in Harrington's estimation, a violation or degradation of his religion, and since it's his religion, his estimation is the one that counts.

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#11)
    by sarcastic unnamed one on Fri Jan 07, 2005 at 04:45:44 PM EST
    Sorry, that was me, your humble servant, at 5:38pm.

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#12)
    by TChris on Fri Jan 07, 2005 at 04:47:31 PM EST
    Anonymous commenter -- My point is twofold. First, if the rule didn't exist or wasn't enforced against Harrington prior to 9/11, it seems pretty clear that the change of policy was intended to target members of Harrington's religion. Second, if employees who opt not to wear headgear can wear their badges on their shirts, it cannot make sense to deny Harrington that same placement option rather than doing violence to his religious beliefs.

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#13)
    by Talkleft Visitor on Fri Jan 07, 2005 at 04:54:01 PM EST
    TChris-I don't know, I would have to hear a convincing argument for why this violating his rights. Were he forced to take off his turban there is no question I would agree with you. Currently, I'm finding the discrimination argument vastly more convincing. Enforcement of laws/rules can be descriminatory even if the law isn't practically so, and if MTA employees can get away without wearing the badge than this is just atrocious. I ride the subways daily, and I'll have to start checking out the employee head wear. I don't doubt that that's possible, general discrimination against arab-ish looking people has vastly increased in New York since 9/11.

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#14)
    by Talkleft Visitor on Fri Jan 07, 2005 at 04:56:31 PM EST
    I take that back. I'm convinced. If he feels uncomfortable on religious grounds, then he should have the right not to wear it. But I'm curious, what if he objected to wearing a uniform or badge at all? Obviously a hypothetical, but is there a point where we decide that the safety and functionality of the MTA is more important than his right to feel comfortable about his religion?

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#15)
    by Talkleft Visitor on Fri Jan 07, 2005 at 04:59:34 PM EST
    free radical; i think it would be different if this had been the rule when he was offered the job. but for 25 years he wore his own turban to work every day - then they change the rules post 9-11 to target turbans and hijabs?

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#16)
    by Talkleft Visitor on Fri Jan 07, 2005 at 05:09:31 PM EST
    Kelite, morally speaking, you're absolutely right. "Tightening security" in New York has come to mean, almost without exception, "targeting" arabs in one way or another. I suppose it's always possible they have some kind of legitimate reason for the rule though. Correct me if I'm wrong, but the fact that they just made the rule isn't really relevant legally speaking. I mean, you could try and argue that the entire rule is purely discriminatory, but in the end, there probably is a perfectly convincing administrative reason for it, and that would be a hard thing to prove. It is much easier to argue that it's being carried out in a discriminatory fashion, or is violating religious freedom, right?

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#17)
    by sarcastic unnamed one on Fri Jan 07, 2005 at 05:12:41 PM EST
    TChris We're in agreement on your first point. Second, if employees who opt not to wear headgear can wear their badges on their shirts, My point is, from Harrington's statement, wearing badges on their shirts is not an option. From his statement, the only option is supposed to be a non-"plain" (therefor, MTA?) cap or turban with a badge.

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#18)
    by jimcee on Fri Jan 07, 2005 at 06:30:24 PM EST
    The MTA is being ridiculous because this fellow has been there for 25 years, grandfather him in. Require all new employees to conform to the new official MTA uniform regardless of their religion. The idea that he gets a turban to match his uniform is kind of cool. By the way Sikh men are required to wear the turban. But on the other hand I can see where someone (not me) might be a bit nervous getting on a train and seeing the motorman in a MTA uniform but wearing "a Arab get up" in someone's uninformed mind. Sounds to me like the MTA has a problem systemically. What starts out as a percieved PR problem i.e. Mideastern motormen post 9/11, gets filtered down to the low level supervisor who's abuse of a long time employee is petty to say the least and thus becomes a real PR problem for the MTA. I'd have to say that the MTA should fire their whole public relations staff as well as whomever it is that has gotten this whole thing started in the first place. All in all I think they should leave the fellow alone.

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#19)
    by Talkleft Visitor on Fri Jan 07, 2005 at 06:31:06 PM EST
    What he is as bad as me! but go for it.

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#20)
    by Talkleft Visitor on Sat Jan 08, 2005 at 02:42:30 AM EST
    The idea that Sikhs should be bared from working for MTA because of their religious headdress is absurd. There is no particular need for a hat with insignia, provided an insignia is worn in plain view. The same goes for the ridiculous French law against the hijab. That's unamerican and unacceptable. Sikh men also wear beards, which means that they wear hairnets on their beards in food service, or tie their beards up tight when working in machine shops. They are also supposed to be ARMED at all times, though most Sikhs have adapted this rule to a tiny symbolic knife on the comb they wear in their hair. Quite obviously a Sikh cannot wear a motorcycle helmet over his full turban, so there are jobs for which the turban is disallowed for cause. But in that case, a short piece of cloth is worn (all over India, and elsewhere) to cover the hair and keep the topknot in place. As I understand it, it is the kesh, the hair, that is to be kept uncut and clean. The turban itself is the cultural style adopted by that religion, but there are modifications as I note. The turban is NOT sacred, not comparable to the Cross, but the hairstyle (uncut, and clean which means out of view) is. Since 911, at least one Sikh has been murdered for the turban (in Arizona, for apparently 'looking' like an Arab. The use of 'raghead' by rightwing talk radio racists is ubiquitous). So I don't mean to demean the turban-- it is a strongly-held cultural use. But wearing a hat, if it were really needed by the nature of the work...it doesn't interfere with the Sikh pilots in the Indian air force...is not a mortal sin. --

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#21)
    by Talkleft Visitor on Sat Jan 08, 2005 at 05:54:30 PM EST
    Obviously you go to war with the army you Sikh, not the army you have.

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#22)
    by jimcee on Sat Jan 08, 2005 at 08:05:43 PM EST
    Paul in LA, there is no insult in my opinion. The Sikhs seem pretty cool so they get a look away pass from me. Please do not think that the average American is that much of a "slack-jawed Cretin".

    Re: Justice Dept. Helps Sikh Fight Discrimination (none / 0) (#23)
    by Talkleft Visitor on Sun Jan 09, 2005 at 11:34:18 AM EST
    Jimcee, I didn't take you comment as an insult to Sikhs, but there is a legal crux here between religious duty and identity. Shall an employee be required to give up a specific cultural/religious appearance on the job? I think the obvious answer is 'only if it is necessary by the nature of the job,' though that still leaves the issue open to interpretation. Most jobs can be done just as well with a turban, or other cultural/religious dress. It is a matter of tolerance, which I think trumps this latter-day intolerance which threatens to turn America into a parody of its values. The same issue regards the beard, which IS a religious requirement ('kesh,' one of the '5 K's). It can be worn in such a way that it is not a hazard; it may not be cut. Nonetheless, a great number of Sikhs cut their hair. Btw, this is one of the most objectionable aspects of the torture and depersonalization of the Guantanamo prisoners. The first thing the racists did was cut off their hair, specifically in order to deprive them of their identity. Muslims have been beaten for praying as well. This is rather devil's advocate of me, I know. But many, many Sikhs do not wear the full-sized knife ('kirpan'). They wear a symbolic one. The turban is more a matter of identity (or spiritual health), and less a matter of religious requirement. Sikh women in India generally do not wear turbans, but rather a kind of gauzy scarf over their hair ('chuni'). It's the hair, not the turban. Arguably the full-sized kirpan is a less negotiable defining mark, since Sikhs are expected to fight and die for the safety of others, and are therefore originally armed with the real deal. The legal issue is fairly complex, I guess, is my point. Conformity versus tolerance. It isn't really a question of religious duty, so much as personal religious identity. At least as I understand it, from my contact with this ethnic group over the years. --

    Justice Dept. Helps Sikh Fight Discrimination | 23 comments (23 topical)