Sikh, Amric Singh Rathour was dismissed by the Police Department after he refused demands that he shave his beard and not wear his turban on the job will be aided in his lawsuit against the department by the New York State attorney general's office. He is suing on the grounds of religious discrimination, and his lawyers, Ravinder Singh Bhalla and Avi Schick, the deputy counsel to Attorney General Eliot Spitzer, confirmed yesterday that they had met on Thursday to discuss Mr. Rathour's case and that they would be working together.

Mr. Schick said, "We've learned enough about the facts so far to be disturbed". "We will take steps here to protect the law and the rights of workers. Our involvement will be defined by what our own investigation reveals in addition to the city's response."

"The real detrimental effect here of the city fighting so hard to keep out someone who looks different is that it encourages private employers to similarly refuse to employ those whose practices or beliefs deviate from the mainstream," Mr. Schick said. It begs the question, he added, "If the city doesn't have to hire a guy with a turban, why should I?"

Mr. Schick said the office's actions could take the form of a letter to the court, a brief or a meeting with police officials, among other things.

Inspector Michael Coan, a spokesman for the Police Department, said he would not comment on the pending case. He did say, speaking more broadly, that "uniforms create standardized appearances for members of the New York Police Department."

A turbans Sikh, former police officer has filed a summary judgment motion in its lawsuit against the New York City Police Department over its
"no turbans" policy.

New York: March 02, 2004

Amric Singh Rathour, a Sikh and a former police officer in the New York City Police Department (NYPD) was terminated in August 2001 for refusing to remove his turban and trim his beard, which he says are both required by his religion. According to Mr. Amric Singh Rathour, complaint details the manner in which Amric Singh was "mistreated and harassed by his supervisors in their repeated attempts to pressure him to remove his turban." He passed all the required tests and was eventually sworn in as a new officer.

Rathour began his eight-week training program at the Queens Plaza training facility on June 18, 2001 . He was wearing his beard and turban. A supervisor told Rathour to contact the department's Equal Employment Opportunity office. A detective there told him he could not wear his turban and needed to shave his beard.

Rathour continued to wear his turban. He also asked for a religion waiver. The department rejected his request on June 28. After returning to work from the July 4 weekend, he was granted a temporary religious accommodation pending a hearing.

On July 31, the day of the hearing, Rathour was told his beard could be no more than 1 millimeter in length and that religious head ware must fit completely under the traffic-agent hat.

The beard accommodation was made for Muslims, and the hat rule allows nothing bigger than a yarmulke or skullcap, Rathour said.

"They told me that I have to submit to a Muslim religion accommodation. That's fine if you're Islamic, but not for my religion," he said, adding that his hearing was postponed to Aug. 31 after he said he wanted a lawyer present.

Then on Aug. 27, he received a letter saying he had been fired.

But two months into the job, he said he was fired because he wouldn't shave or wear a police hat instead of his turban. Mr Ratour was born and raised in New York and said that he felt betrayed because he had been denied an important expression of his religious faith.

"I felt I was being punished because of my unwillingness to compromise my religious beliefs," Amric Singh states.

According to the complaint, one of Amric Singh's supervisors in the NYPD told him: "You want to do whatever pleases you" and that he should "make a change" so that his turban and beard "come off." The NYPD forced Amric Singh to choose between his religion and his livelihood and this is a choice that no one should be forced to make.

Singh says the coalition made repeated attempts through letters and phone calls to NYPD Police Commissioner Raymond Kelly and to New York City Mayor Michael Bloomberg to resolve the matter through discussion and dialogue, but the efforts were ignored. Some 8,000 people have signed an online petition to the mayor asking that turbans not be banned in the NYPD.

A summary judgment motion requests a judge to decide the matter on the basis of written submissions without going to trial. If the motion is not decided in the Amric Singh's favor, he will still retain the option of having the matter decided by a judge after a trial.
The motion, totaling more than one hundred and fifty-five pages, consists of legal argument, affidavits from Sikh police officers from around the world, and documentary evidence of the events leading up to Amric Singh's termination. It was prepared by the law firm the Coalition has retained for this matter along with support from legal volunteers.

The NYPD must respond to the Coalition's and Amric Singh's motion by June. Once the NYPD has had an opportunity to respond to the motion and the Coalition has an opportunity to counter-respond, the judge will make a decision. It is anticipated that this process will last at least a few months.

The motion is the product of the efforts of Sikhs around the world. It includes written petitions from Sikhs requesting the NYPD change its policy and invitations to join law enforcement from police chiefs around the world that would not have been issued without the diligent efforts of the Sikh sangat.

Sikh policemen have won the right in other countries A spokesman for the New York Police Department said there were other Sikh officers in the force who wore coverings under their uniformed hats. For instance, Mr Ratour's father and brother were police officers and both decided to conform with the NYPD's rules. But Amric Singh Ratour said he was determined to seek compensation and a change in policy.

Rathour didn't want to discuss his father or brother, saying "this is not about them, this is about me and the New York Police Department."

Singh, of the Sikh Coalition, said Rathour's father and brother have been "bullied" into accepting rules they would like to oppose.

"His father and his brother aren't comfortable with the guidelines," Singh said. "It's a shame that the NYPD would force anyone to choose between practicing their faith and feeding their family."

Rathour said he hopes he is able to someday again wear a NYPD uniform.

"I would like things to change for the Indian community, for Sikhs all over this country," he said. "We're like the first pilgrims looking for the right to religion, the right to choose. If we have to choose either our work or our religion then this is not a place for everyone."

If he wins, a new precedent could be set. Mr Ratour's lawyer said unlike some other countries there were no turban Sikhs working for any American police force. Mr Ratour's case is gathering support.

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He is now being backed by Sikh policemen in Canada and Britain - places were Sikhs are allowed to wear traditional beards and turbans while on duty. Sikhs serve as police officers all over the world, including in London, Toronto and Hong Kong. In April 2002 the Los Angeles County Police Department specifically invited Sikhs to join their department stating, "The articles of your faith, including the turban and beard, will not be an obstacle to serving in the Department."

• The Mounties' 1990 decision was not without controversy, but there was ample support - most notably from Canada's Supreme Court, which ruled that it was discriminatory to prohibit a Sikh from wearing a turban without safety reasons.
• According to news reports, Sheriff Leroy Baca, head of the Los Angeles County Sheriffs Department, encouraged Sikhs to join his department in a recent public meeting, saying there would not be a problem with turbans.
  
• Dr. Bhagat Singh Thind had served in the U.S. army during World War 1 with his turban