Kevin Harrington, the Irish-American Sikh who was briefly taken off his post as a subway motorman last year because he wears a turban to work, is back in hot water after a series of new developments. New York City transit officials told Harrington last week that if he did not want to be reassigned for a second time to train yards, he would have to wear a patch with the MTA logo on his turban. He complied last Wednesday by wearing the patch for one day, and compared it to an advertisement. Harrington, who’s 53, told media that he saw it as tantamount to putting a billboard on St. Patrick’s Cathedral. The next morning, Harrington reported to work at the Woodlawn station of the 4 train when he had an argument with a station supervisor. Details have varied, but New York Newsday reported that the confrontation led to Harrington being ordered to report to the MTA’s Brooklyn headquarters for a Breathalyzer test. He was walking down the steps for a Brooklyn-bound train when he slipped and fell, injuring his back. Harrington was taken by ambulance to Bronx’s Montefiore Meical Center, where he was treated and released. He said transit officials then accompanied him to take the Breathalyzer afterward. Harrington maintained that as a practicing Sikh, he has not had alcohol in 25 years. The only certainty now is that the two still disagree. Harrington is out of work with his injury for an unknown period of time, and the MTA is refusing to loosen their requirements about the patch. Harrington, a third-generation transit worker, said last week that he was considering joining the lawsuit filed against the MTA by two female Muslim bus drivers who have been reassigned to the depot because of their head coverings, called khimars. The Department of Justice also filed a separate lawsuit against the MTA, citing discrimination. Preetmohan Singh, who is the national director of the Sikh American Legal Defense and Education Fund, said the developments with Harrington “may affect the federal case.” Harrington is not currently represented by SALDEF, but sought their counsel when his case first surfaced in June. He received a memo written by MTA president Lawrence Router asking that Harrington remove his turban while operating the train or accept the train yard reassignment. Harrington told the Echo in August that the train yard job was hardly an option. “I won’t do it,” he said. “I’ll lose a good position as well as a lot of money.” Harrington had worn the turban without incident for 23 years on the job. He managed to get his post back, but not before hearing the promise of new uniform guidelines would be looked into by the MTA. A sensitive post-Sept. 11 climate has been blamed for the MTA’s sudden interest in Harrington’s and other employees’ headdresses, but they have remained relatively mum on the issue aside from issuing new guidelines. Harrington was kept in limbo for the rest of the year while the MTA met to determine new uniform rules that would apply to everyone. The patch was the latest compromise from the agency. “We understand the move was in the name of uniformity and safety,” said Singh, but reasons that the right thing is for all employees to have to adhere the same standards. Harrington has pointed out that other MTA employees in the public eye regularly wear hats without the MTA logo. Two Sikh police officers had a similar fight that ended in the compromise of wearing their badges on their turbans. Those officers have said the MTA patch does not have a symbolic meaning like the badge would. As for now, Harrington’s future with his employer is unknown, though his plight is hardly over. There are 24 million Sikhs in the world, making it the fifth most practiced religion — 20 million of those live in India, the rest located in places like England, the U.S., and Australia. It is estimated that 500,000 are in the U.S. alone. Calls to the MTA were not returned by press time. This story appeared in the issue of January 12-18, 2005. By Jill Sheehy (jsheehy@irishecho.com) Irish Echo
Irish Sikh in new MTA flap
Following French President Jacques Chirac’s support of legislation banning religious symbols in public, SMART recently responded to an editorial in the New York Times. SMART’s Office of Media Relations stated: “Your editorial staff conducted sound analysis about the misguided approach France is taking to achieve its goal of religious neutrality.” The letter continued to state: “In the quest to separate church and state, Mr. Chirac’s support of policies restricting religious expression is exacerbating religious bigotry in France. As a result, followers of multiple faiths find themselves having to defend their religious beliefs and practices. As you may well be aware, Sikhs are required to wear a turban as part of their code of conduct laid down by the Sikh Gurus. Sikh soldiers fought with turbans in both of the World Wars and many of them died fighting alongside their allies. To force Sikhs to remove their turbans as ‘conspicuous’ religious symbols is, as you accurately stated, “imposing the view of the state upon them.”
The New York Police Department has dropped it opposition to Sikh Americans from serving with their turbans and uncut beards, mandatory articles of the Sikh faith. Jasjit Singh Jaggi had filed a complaint last year with the Commission on Human Rights accusing the New York Police Department of religious discrimination. He claimed he was forced to resign because he refused to shave his beard and stop wearing a turban. The commission ordered the police department to reinstate Jaggi last month, and the city had until Thursday to appeal the ruling. The city of New York decided to not appeal the decision by the Commission on Human Rights. Jasjit Singh Jaggi will now be reinstated to serve as traffic officer for the New York Police Department (NYPD) after appropriate accomodations have been worked out. Also, NY Newsday reported yesterday that the city of New York would settle a lawsuit filed in Manhattan federal court, by Amric Singh Rathour, over the same issue. Addtionally, Jagjit Singh became the first turbaned Sikh to graduate from the Los Angeles County Sheriffs Department’s program for reserve officers. SMART congratulates the efforts of Panthic Cause, Sikh Coalition and the California Sikh Council for their support of these Sikhs in their quest to serve in law enforcement. SMART has trained over 5,000 local, state, and federal officers through its Law Enforcement Partnership Program and can now refer future trainees to uniformed Sikh police officers in the United States.
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.
SMART Encourages Passage of Pending Federal ‘Workplace Religious Freedom Act (WRFA)’ Washington, DC – The New York City Metropolitan Transit Authority (MTA) yesterday re-instated a Sikh American subway operator after re-assigning him last week for violating its “no hats” policy by wearing his religiously mandated turban. Sathari Singh contacted the Sikh Mediawatch and Resource Task Force (SMART), a national civil rights organization, last week and worked with its legal advisor and union representative to resolve the issue. “Millions of people have seen me with my turban for over 20 years on the train,” said Singh, whose legal name is still Kevin Harrington. “I am so thankful to the union for standing by me and to SMART for defending my civil rights. This is a good start, but we have a long way to go.” The MTA policy currently permits only a regulation MTA cap for headgear, and although Singh had worn a turban since being hired as cleaner 23 years, he was re-assigned to moving trains at the yard last week. Singh said that several top transit officials have seen him with his turban while on the job and that he was featured in an MTA newsletter while safely evacuating hundreds of riders on 9/11. An MTA spokesperson also said the agency is considering revising the dress code to accommodate workers wear religiously-mandated head-coverings. “While working on this case, we learned that the MTA made exceptions for baseball caps during the World Series between the Yankees and the Mets in 2000 and for some other religious head-coverings,” stated Manjit Singh, SMART’s President. “In order to prevent selective enforcement of these policies around the country, we strongly urge Congress to pass the Workplace Religious Freedom Act ensuring that people of all faiths are treated fairly in the American workplace.” Sikh Americans have faced similar problems in New York City like Jasjit Singh Jaggi, who was fired from his position as an NYPD traffic enforcement agent for his long beard and turban. An administrative judge recently ruled in his favor. Furthermore, Amric Singh Rathour was dismissed from his job as a NYPD traffic enforcement officer in August 2001 after graduating from the Police Academy. Rathour refused to shave his beard and stop wearing his religiously-mandated turban. His case is currently pending.
SMART Following Up with Local, Federal Law Enforcement in NYC Washington, DC – The Sikh Mediawatch and Resource Task Force (SMART), a national civil rights organization, is encouraging the Sikh American community to attend a vigil promoting unity and peace in Queens, New York on Tue. August 19. The vigil is in response to the recent attack on a Sikh family in Queens, New York. SMART has learned that the August 3 hate crime in Queens, NY is being actively investigated by the NYPD. SMART has been consulting with the FBI and the NYPD Bias Crimes Unit to ensure that both federal and local authorities are diligently moving forward in the investigation. Communities in New York City are responding actively by supporting the Sikh family and condemning the incident. Local community organizations, led by New Immigrant Community Empowerment (NICE), have come together in organizing the “Vigil Against Violence.” The vigil, supported by several local and national organizations including SMART, will be held in Jackson Heights, Queens, NY on Tuesday, August 19. Details about the event, scheduled as a march, are follows: Date: Tuesday, August 19, 2003 Time: 6:30 P.M. sharp Assemble at: P.S. 69, in Jackson Heights, Queens, NY at 77-02 37th Avenue March to: Frank D. O’Connor Playground on Broadway, between 78 and 79 St SMART encourages the Sikh community in New York City to distribute information about the vigil to their family and friends, and attend the vigil in l
SMART to Monitor Investigation, Facilitate Community Outreach New York, NY–Following the beating of a Sikh family in Queens on Sunday night, the Sikh Mediawatch and Resource Task Force (SMART) has learned that the New York Police Department Bias Unit is engaged in an intense investigation to arrest three men who committed the apparent hate crime. The incident occurred outside the family’s home in the Woodside neighborhood of Queens, where the attackers punched and spat at the Sikhs while yelling, “bin Laden family, go back to your country.” (SEE: Drunks beat Sikh family — NY Daily News, 8/5/03) Following conversations with local and federal law enforcement officials, SMART has learned that the investigators are very optimistic about identifying the perpetrators and are working with good leads in the case. The victims declined medical treatment, and the family has been contacted to offer support. SMART condemns this bias-motivated attack on the Sikh family and calls on local law enforcement to give the investigation high priority. Such bigoted acts deserve a strong response from local and national political and religious leaders. SMART will continue to update the community about the investigation and community relations efforts. SMART would also like to thank the Arab and Muslim community for its heartfelt support.