(New York, New York) August 29, 2008 - The federal Equal Employment Opportunity (EEOC)

published a new religious discrimination section within its employer compliance manual that cites Sikh workplace issues for the first time.

The Coalition generally welcomes the EEOC's initiative as a critical means of informing employers nationwide of Sikh workplace concerns. The EEOC is the national agency charged with enforcing federal employment discrimination law.

The EEOC issued the new section in response to an increase in charges of religious discrimination and an increase in U.S. religious diversity. Religious discrimination filings with the EEOC have risen substantially over the past 15 years, doubling from 1,388 in Fiscal Year 1992 to a record level of 2,880 in FY 2007.   The EEOC also issued a companion question-and-answer fact sheet and best practices booklet.

Sikh Examples in the Manual and the Sikh Coalition's Response

The first example of Sikh workplace issues in the new EEOC manual section describes a hypothetical Sikh, Harinder Singh, who is fired because customers do not like turbans.  The manual states that in this case "termination based on customer preference would violate Title VII regardless of whether he [Harinder] was Muslim, Sikh, or any other religion."

The Coalition supports this addition to the manual.  The Coalition originally highlighted this concern as early as December 2001.

The second example discusses a hypothetical Sikh who works in a hospital and carries a kirpan.  The kirpan in this hypothetical is four inches long and not sharp.  The manual states that in this case failure to accommodate the kirpan would violate federal law since objects just as sharp exist in the workplace.

While the Coalition welcomes the prouncement in the maual that a kirpan in this particular hypothetical should be accommodated, the Coalition notes that many kirpans are sharp and that many workplace environments contain items such as box cutters, scissors, and kitchen knives that are just as or more sharp than most kirpans.  In these cases, it is the Coalition's belief that since other sharp or sharper and longer items are allowed in the workplace, that an accommodation should be made for the kirpan as well.  While the manual does not discuss this issue, this is a potential issue of concern for Sikhs.

The third hypothetical discusses a Sikh who works for a surgical instrument company and is asked to shave or trim his beard in order to work in a sterile area.  When the Sikh tells his employer that he can not trim or shave his beard, the employer offers to allow the Sikh to wear two face masks so that he doesn't have to shave or trim his beard.  The manual states that this is a lawful accommodation by the employer since it does not require the Sikh to shave or trim his beard.

Going Forward

It takes years of dedicated engagement to slowly introduce community concerns into the publications of the federal government.  Going forward the Sikh Coalition will continue to address community workplace concerns with the EEOC and work with the EEOC to improve future compliance manuals. It is our aim to ensure that Sikhs are evaluated by their ability to perform their job functions and no other criteria.

The Coalition calls on all Sikhs to stand up for their civil rights and fearlessly maintain their articles of faith.