Historic Religious Accommodation Policy Achieved While Landmark Religious Freedom Case Continues

• Timeline of ICAAD’s involvement
• Two momentous issues impacting the kirpan converged: a Federal Protective Service (FPS) policy change and a case in the 5th Circuit
• Education Corner: explanation of Amicus and FPS Policy

 NEW YORK, February 15, 2013 – A Federal Protective Service (FPS) Policy Directive that includes specific religious accommodations for Sikh articles of faith, including the kara and the kirpan, was released recently, right before the federal appellate hearing in an important employment discrimination (religious accommodation) case against the government involving the kirpan.

In Tagore v. USA, a landmark employment discrimination case, Kawaljeet Tagore was denied a religious accommodation for her article of faith (kirpan) and was barred from entering federal IRS buildings. Ultimately, Ms. Tagore was fired from her job as an IRS accountant despite having excellent reviews from her superiors.

The International Center for Advocates Against Discrimination (ICAAD) intervened as amicus curiae at the 5th Circuit Court of Appeals in August 2012, by drafting an Amicus brief detailing the significance of the kirpan and providing examples from foreign jurisdictions, providing valuable affidavits in September 2012 about a policy that allowed entry into secured federal buildings while wearing their kirpans — affidavits that undermined the government’s position that it had a categorical bar against allowing kirpans into federal buildings.

Finally, ICAAD has been working with the DOJ to provide religious accommodations to Sikhs in federal buildings and provided guidance on fashioning reasonable kirpan accommodation policies. In November 2012, ICAAD attorneys obtained a religious accommodation to enter the DOJ building to attend inter-agency meetings while wearing their kirpans. These are meetings chaired by Tom Perez, Assistant Attorney General for the Civil Rights Division, and include members of all the major government civil rights divisions.

Ms. Tagore’s attorney, Scott Newar, has tirelessly worked to protect her religious liberty and ability to practice her faith with dignity. With respect to ICAAD’s role in the case, Mr. Newar stated, “ICAAD’s support of and contributions to Kawal’s case have been invaluable. During Kawal’s 5th Circuit appeal, ICAAD rushed to her defense and filed an amicus brief in her behalf. Kawal and I are extremely grateful to ICAAD and its leaders, Jaspreet Singh and Hansdeep Singh, for this well-written brief. ICAAD should be applauded by the entire Sikh community for aiding Kawal in this historic fight for religious liberty and religious accommodation.”

The FPS is a government agency responsible for law enforcement and facility security for close to 9,000 federal buildings. The release of the FPS Policy Directive is a momentous step towards the government’s recognition of Sikhs and their articles of faith.

However, the outcome of the decision by the 5th Circuit is pending and we hope, in light of all the evidence put forth, that the Judges also recognize the steps our government has taken to uphold religious liberty and recognize Sikhs as an inextricable part of the fabric of American society.

We are grateful for the continuing efforts of Mr. Newar in faithfully representing the interests of Ms. Tagore. ICAAD attorneys have been personally involved in obtaining kirpan accommodations for Sikhs in Europe, Africa, and the U.S., and will continue to work to protect all communities’ against structural discrimination.

 

TIMELINE

 

The Federal Protective Service’s (FPS) Kirpan Policy

– A kirpan with a blade of less than 2.5 inches may be permitted in a Federal facility without an exception or exemption.

View the FPS training document on the kirpan.

What is the kirpan?