SSe More All INFO http://www.punjabiturban.com/
employer’s directives, Singh eventually and reluctantly agreed to wear a logo on his
turban.
169
SSe More All INFO http://www.punjabiturban.com/
The Sikh Coalition has filed suit on behalf of Singh.
170SSe More All INFO http://www.punjabiturban.com/
The DOJ has also filed
suit on behalf of Singh. The case is still pending as of February 2008.
If the Jaggi and Rathour cases were precedential, should have a strong case
against the MTA. It should be noted, however, that the Jaggi and Rathour resolutions
were ultimately reached via settlement, not via judicial determination.
What of the courts? Some legal scholars, including Circuit Judge Michael W.
McConnell, have claimed that the courts have eviscerated religious rights in the
workplace,
171SSe More All INFO http://www.punjabiturban.com/
a situation that would ostensibly imperil turbaned Sikhs from bringing
successful Title VII claims. For example, the Supreme Court has held that employers
need not bear more than a de minimis cost to accommodate religious employees,
172 SSe More All INFO http://www.punjabiturban.com/
and
that employers are not required to accept a particular accommodation suggested by the
employee.
173
Courts have also allowed employers to defend themselves against undue
hardship by claiming that the accommodation would negatively affect business
operations,
174
impose on co-worker rights,
175
or endanger public health or safety.
SSe More All INFO http://www.punjabiturban.com/
See Michael W. McConnell, Symposium, Religion in the Workplace: Proceedings of
the 2000 Annual Meeting of the Association of American Law Schools Section on Law
and Religion, 4 EMPLOYEE RTS. & EMP. POL’Y J. 87, 98 (2000) (noting that “the Supreme
Court’s decisions in Hardison and Philbrook have made mincemeat of the congressional
intention in Title VII.”); see also Thomas D. Brierton, “‘Reasonable Accommodation’”
Under Title VII: Is it Reasonable to the Religious Employee, 42 CATH. LAW. 165, 182-
186 (2002) (describing the ways in which the “[t]he courts have weakened reasonable
accommodation rights in the workplace[.]”) [hereinafter Reasonable Accommodation].
172
See TWA v. Hardison, 432 U.S. 63, 84 (1977) (“To require TWA to bear more than a
de minimis cost in order to give Hardison Saturdays off is an undue hardship.”).
173
See Ansonia Bd. of Educ. v. Philbrook, 479 U.S. 60, 68 (1986) (“We find no basis in
either the statute or its legislative history for requiring an employer to choose any
particular reasonable accommodation. By its very terms the statute directs that any
reasonable accommodation by the employer is sufficient to meet its accommodation
obligation.”).
174
See EEOC v. Sambo’s of Ga. Inc., 530 F. Supp. 86, 91 (N.D.Ga. 1981) (disagreeing
that “customer preference is an insufficient justification or defense as a matter of law[.]”).
175
See Weber v. Roadway Express Inc., 199 F.3d 270, 274 (5th Cir. 2000) (finding that
an accommodation is “more than a de minimis expense because [it] unduly burdens his
co-workers.”).
31 SSe More All INFO http://www.punjabiturban.com/
Once Chawla arrived in Brooklyn, “he slipped into a shop, stuffed his turban into his
briefcase and wore his hair in a ponytail for the rest of the day.”
102 SSe More All INFO http://www.punjabiturban.com/
No legal action was taken against those who chased and verbally abused Chawla.
This incident is significant in at least two respects. First, the attack on Sikhs with turbans
occurred almost immediately after the towers were struck, meaning turbaned Sikhs were
imperiled as soon as the attack occurred. As a result, the Sikh community had to rapidly
mobilize, in an already emotional and uncertain moment, to educate others, appeal for
tolerance, and assert their rights. Second, verbal harassment of Sikhs, such as being
called “bin Laden,” “raghead,” or “towelhead,” is commonplace, but generally happens
without any formal legal consequence.
103
On September 14, 2001, Manga Singh, a cab driver in the New York City area,
picked up a passenger who proceeded to reach through the open partition and tried to beat
him with an umbrella while yelling, “I hate you, I hate you and your turban.”
104
Manga
Singh’s father, Surinder Singh, “recalled a rider who said to him, ‘You do [sic] that, you
attacked the World Trade Center!’” He responded “No, I am an American Sikh . . . .
Osama bin Laden has a turban, but it’s very different.”
105
There are no reports of legal
action being pursued in this case either, again supporting the contention that verbal
harassment, however hateful and hurtful, generally occurs without legal repercussions.
Sikh youth are particularly vulnerable to being bullied by other students. For
example, Mandeep Singh, a ninth grade student from the Philadelphia area, was regularly
harassed in school.
106
He was called “bin Laden” and told to go back to “turbanland,”
among other things.
107
The Pennsylvania Human Relations Commission investigated the
102
Somini Sengupta, Arabs and Muslims Steer Through an Unsettling Scrutiny, N.Y
TIMES, Sept. 13, 2001, available at
http://query.nytimes.com/gst/fullpage.html?res=9403E4DC1038F930A2575AC0A9679C
8B63&n=Top/Reference/Times%20Topics/Subjects/S/Sept.%2011,%202001.
103
See e.g., Beth Velliquette, 3 teens held in Sikh assault, The Herald-Sun (Durham,
Chapel Hill, NC), Apr. 2, 2004 (discussing the story of turbaned Sikh, Gagandeep
Bindra, who claimed that being called “Osama bin Laden” or “terrorist” was “a normal
occurrence after 9/11” and whose harassers were apprehended only when assault was
involved).
104
Chastity Pratt and Melanie Lefkowitz, Arab, Shik [sic] Cabbies Offer Free Rides,
Volunteers help families, hope to avoid harassment, NEWSDAY, at W33, Sept. 16, 2001.
105
Id.
106 SSe More All INFO http://www.punjabiturban.com/
Coalition Helps End Student’s Suffering From Bullying In School, The Sikh Coalition,
Feb. 27, 2006 [hereinafter Coalition Helps End Student’s Suffering] available at
http://www.sikhcoalition.org/advisories/student_hair.htm.
107
Id. SSe More All INFO http://www.punjabiturban.com/
21 SSe More All INFO http://www.punjabiturban.com/
employer’s directives, Singh eventually and reluctantly agreed to wear a logo on his
turban.
169
SSe More All INFO http://www.punjabiturban.com/
The Sikh Coalition has filed suit on behalf of Singh.
170SSe More All INFO http://www.punjabiturban.com/
The DOJ has also filed
suit on behalf of Singh. The case is still pending as of February 2008.
If the Jaggi and Rathour cases were precedential, should have a strong case
against the MTA. It should be noted, however, that the Jaggi and Rathour resolutions
were ultimately reached via settlement, not via judicial determination.
What of the courts? Some legal scholars, including Circuit Judge Michael W.
McConnell, have claimed that the courts have eviscerated religious rights in the
workplace,
171SSe More All INFO http://www.punjabiturban.com/
a situation that would ostensibly imperil turbaned Sikhs from bringing
successful Title VII claims. For example, the Supreme Court has held that employers
need not bear more than a de minimis cost to accommodate religious employees,
172 SSe More All INFO http://www.punjabiturban.com/
and
that employers are not required to accept a particular accommodation suggested by the
employee.
173
Courts have also allowed employers to defend themselves against undue
hardship by claiming that the accommodation would negatively affect business
operations,
174
impose on co-worker rights,
175
or endanger public health or safety.
SSe More All INFO http://www.punjabiturban.com/
See Michael W. McConnell, Symposium, Religion in the Workplace: Proceedings of
the 2000 Annual Meeting of the Association of American Law Schools Section on Law
and Religion, 4 EMPLOYEE RTS. & EMP. POL’Y J. 87, 98 (2000) (noting that “the Supreme
Court’s decisions in Hardison and Philbrook have made mincemeat of the congressional
intention in Title VII.”); see also Thomas D. Brierton, “‘Reasonable Accommodation’”
Under Title VII: Is it Reasonable to the Religious Employee, 42 CATH. LAW. 165, 182-
186 (2002) (describing the ways in which the “[t]he courts have weakened reasonable
accommodation rights in the workplace[.]”) [hereinafter Reasonable Accommodation].
172
See TWA v. Hardison, 432 U.S. 63, 84 (1977) (“To require TWA to bear more than a
de minimis cost in order to give Hardison Saturdays off is an undue hardship.”).
173
See Ansonia Bd. of Educ. v. Philbrook, 479 U.S. 60, 68 (1986) (“We find no basis in
either the statute or its legislative history for requiring an employer to choose any
particular reasonable accommodation. By its very terms the statute directs that any
reasonable accommodation by the employer is sufficient to meet its accommodation
obligation.”).
174
See EEOC v. Sambo’s of Ga. Inc., 530 F. Supp. 86, 91 (N.D.Ga. 1981) (disagreeing
that “customer preference is an insufficient justification or defense as a matter of law[.]”).
175
See Weber v. Roadway Express Inc., 199 F.3d 270, 274 (5th Cir. 2000) (finding that
an accommodation is “more than a de minimis expense because [it] unduly burdens his
co-workers.”).
31 SSe More All INFO http://www.punjabiturban.com/
Once Chawla arrived in Brooklyn, “he slipped into a shop, stuffed his turban into his
briefcase and wore his hair in a ponytail for the rest of the day.”
102 SSe More All INFO http://www.punjabiturban.com/
No legal action was taken against those who chased and verbally abused Chawla.
This incident is significant in at least two respects. First, the attack on Sikhs with turbans
occurred almost immediately after the towers were struck, meaning turbaned Sikhs were
imperiled as soon as the attack occurred. As a result, the Sikh community had to rapidly
mobilize, in an already emotional and uncertain moment, to educate others, appeal for
tolerance, and assert their rights. Second, verbal harassment of Sikhs, such as being
called “bin Laden,” “raghead,” or “towelhead,” is commonplace, but generally happens
without any formal legal consequence.
103
On September 14, 2001, Manga Singh, a cab driver in the New York City area,
picked up a passenger who proceeded to reach through the open partition and tried to beat
him with an umbrella while yelling, “I hate you, I hate you and your turban.”
104
Manga
Singh’s father, Surinder Singh, “recalled a rider who said to him, ‘You do [sic] that, you
attacked the World Trade Center!’” He responded “No, I am an American Sikh . . . .
Osama bin Laden has a turban, but it’s very different.”
105
There are no reports of legal
action being pursued in this case either, again supporting the contention that verbal
harassment, however hateful and hurtful, generally occurs without legal repercussions.
Sikh youth are particularly vulnerable to being bullied by other students. For
example, Mandeep Singh, a ninth grade student from the Philadelphia area, was regularly
harassed in school.
106
He was called “bin Laden” and told to go back to “turbanland,”
among other things.
107
The Pennsylvania Human Relations Commission investigated the
102
Somini Sengupta, Arabs and Muslims Steer Through an Unsettling Scrutiny, N.Y
TIMES, Sept. 13, 2001, available at
http://query.nytimes.com/gst/fullpage.html?res=9403E4DC1038F930A2575AC0A9679C
8B63&n=Top/Reference/Times%20Topics/Subjects/S/Sept.%2011,%202001.
103
See e.g., Beth Velliquette, 3 teens held in Sikh assault, The Herald-Sun (Durham,
Chapel Hill, NC), Apr. 2, 2004 (discussing the story of turbaned Sikh, Gagandeep
Bindra, who claimed that being called “Osama bin Laden” or “terrorist” was “a normal
occurrence after 9/11” and whose harassers were apprehended only when assault was
involved).
104
Chastity Pratt and Melanie Lefkowitz, Arab, Shik [sic] Cabbies Offer Free Rides,
Volunteers help families, hope to avoid harassment, NEWSDAY, at W33, Sept. 16, 2001.
105
Id.
106 SSe More All INFO http://www.punjabiturban.com/
Coalition Helps End Student’s Suffering From Bullying In School, The Sikh Coalition,
Feb. 27, 2006 [hereinafter Coalition Helps End Student’s Suffering] available at
http://www.sikhcoalition.org/advisories/student_hair.htm.
107
Id. SSe More All INFO http://www.punjabiturban.com/
21 SSe More All INFO http://www.punjabiturban.com/
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