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."
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.
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