Washington, DC: The U.S. Department of Justice informed SMART today that it is filing a lawsuit against the agencies that operate the New York City subway and bus system for alleged discrimination against a Sikh American and others who wear religious head-coverings. The complaint alleges that Sat Hari Singh, whose legal name is Kevin Harrington, and other employees who wear religious head-coverings were denied reasonable accommodation by the New York Metropolitan Transportation Authority (MTA) and the New York City Transit Authority (NYCTA). The announcement of the lawsuit was made by Assistant Attorney General for the Civil Rights Division R. Alexander Acosta. “We initially informed Assistant Attorney General Acosta and his staff about this case several months ago and we feel the Civil Rights Division’s litigation is the most prudent way to address this matter,” said SMART National Director Preetmohan Singh. “This lawsuit sends a clear message to employers across the country that a person requesting a reasonable accommodation should not have to pick between their livelihood and their faith.” Sat Hari Singh initially contacted SMART in June after he was re-assigned to a yard job for violating the MTA’s “no hats” policy. After helping Singh secure his old job later that month, SMART informed the Civil Rights Division about the case to ensure that the MTA would continue to reasonably accommodate religious clothing. The MTA, however, refused to issue specific policies allowing reasonable religious accommodation. According to the complaint filed today, the MTA and the NYCTA began enforcing uniform policies against Sikh employees who wear turbans and Muslim employees who wear headscarves in early 2002. As a result, employees were involuntarily transferred to less desirable jobs, limiting their seniority benefits and overtime opportunities. It is important to note that prior to 2002, many Sikh and Muslim employees wore religious head-coverings without incident. In addition to alerting Mr. Acosta and his staff about this matter, SMART recently arranged his visit to a Sikh Gurdwara in Atlanta to discuss civil rights issues. Mr. Acosta and has staff have also attended similar meetings with members of the Sikh American community in Houston, Dallas and New Orleans.
