Sikhs

  • February 15, 2012
    Guest Post

    By Amardeep Singh, a Co-Founder and Director of Programs at the Sikh Coalition


    Much has been made of the fact that African Americans and Latinos endure disturbingly high rates of stop and frisk policing in New York City, and rightfully so. While blacks and Latinos comprise just over half of the city’s population, they endure 85 percent of police stops. Even more troubling, as young people in these communities bear the brunt of police stops, it is in fact stops of whites that more often yield illegal contraband.

    So advocates are appropriately making noise and filing lawsuits alleging profiling by the New York City Police Department. Meticulously collected, publically released, government data provides them a rational basis for doing so.

    But what happens when you have no such data? That's the situation of Sikhs at U.S. airports.

    For years, Sikh Americans and advocacy groups have complained of unfair, extra scrutiny by Transportation Security Administration (TSA) screeners. The complaints run the gamut from concerns about mandatory pat downs of Sikh turbans, to removal of turbans without discernible cause, and 100 percent rates of secondary screening at some airports.

    These accounts from Sikhs alleging profiling are admittedly anecdotal. They are routinely proffered by Sikh advocacy groups with limited resources and even more limited access to security checkpoints. “Smoking gun” evidence of intentional profiling occasionally emerges -- like the TSA “Mexecutioners” scandal in Honolulu -- but otherwise advocates and the TSA are perpetually engaged in a “yes you are, no we are not” ping pong match of profiling accusations and denials.

    Yet if the TSA is to be believed, there is a way to settle once and for all whether it is profiling. The Sikh Coalition recently released an internal TSA memorandum, which discusses eight “strategic options” the agency could implement to “address racial profiling concerns” and “improve internal business controls as they relate to secondary screening procedures.”

  • January 28, 2011
    Guest Post

    By Rajdeep Singh, Director of Law and Policy for the Sikh Coalition.

    Consider the following scenario and ask yourself whether it is fair:

    You live in California, work hard, pay taxes, and decide to pursue a public service career. You have a military background and apply for a job as a state corrections officer. Despite your qualifications, a state agency tells you that you must abandon your religion because of a demonstrably false assumption that you cannot comply with a purported safety requirement, which (as it turns out) is selectively enforced. An administrative body hears your case at a trial and determines that you suffered workplace discrimination, but the agency that refused to hire you flouts the ruling. As a last resort, you file suit in state court, and the office of the California Attorney General uses your taxpayer dollars to oppose you.

    This is what happened to Mr. Trilochan Singh Oberoi, a Sikh American. Regrettably, more than a century after migrating to California, Sikhs in the most populous state in the nation still face regressive barriers to equal employment opportunity and the specter of being given the runaround by their own state government.

    On November 10, 2008, after a two-day trial, the California State Personnel Board (SPB) determined that the California Department of Corrections and Rehabilitation (CDCR) discriminated against Mr. Oberoi, who was denied a job as a corrections officer because of his beard, based on his religious beliefs, which in part require him to keep his beard uncut.

  • January 12, 2010
    Guest Post

    By Rajdeep Singh, Director of Law and Policy at The Sikh Coalition

    In February 2010, the Oregon legislature will have a historic opportunity to repeal ORS 342.650, a state law that forbids public school teachers from wearing religious dress in the classroom.

    According to press reports and historical literature published by the State of Oregon about its own history, ORS 342.650 originated in the 1920s as an anti-Catholic measure and was supported by the Ku Klux Klan at a time of overt hostility toward racial and religious minorities. Other laws enacted by the Oregon legislature during this period included the Compulsory Education Act (a measure designed to close parochial schools) and the Alien Property Act of 1923 (a law that prohibited Japanese immigrants from purchasing or leasing land in Oregon). Although two of these laws have since been repealed, ORS 342.650 is still enforced against religious minorities, including observant Sikhs who wear dastaars (turbans); observant Muslims who wear hijabs (headscarves); and observant Jews who wear yarmulkes (headcoverings).

    Although some supporters of the status quo argue that ORS 342.650 protects students from religious indoctrination, Oregon appears to be one of only three states in the country (including Nebraska and Pennsylvania) that continue to impose such stringent restrictions on public school teachers. This is prima facie evidence that ORS 342.650 is a ‘blunt instrument' and that a less restrictive balance can be struck between the state's interest in promoting religious neutrality and its obligation to protect civil rights. The case for repealing it was bolstered last November when two key state agencies-Oregon's Bureau of Labor and Industries, and the Oregon Department of Education-issued a joint memorandum urging repeal.