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Kirpan Accommodation Victory! Call to Action for Sikhs to Test Policy to Accommodate Kirpan

Houston, TX – November 28, 2014: In a historic settlement with the United States government, Kawaljeet Kaur Tagore was granted: an accommodation to wear her article of faith, Kirpan, in federal facilities, attorneys fees, and training for Federal Protective Service officers. The settlement happened on the eve of trial in District Court on November 3rd, after being remanded from the Fifth Circuit Court of Appeals.
 
Issuing a call to action, Kawaljeet stated, “our Sikh sangat, especially those that are amritdhari…that they don’t have to be fearful or looked upon badly…the policy exists, the settlement exists, based on this they should go into federal buildings and see if the policy is being implemented or not…and reach out to [civil rights] organizations if they need help.”
 
Commenting on ICAAD’s assistance, Scott Newar, Kawaljeet’s attorney said, “ICAAD stepped forward provided an amicus brief in the appeal, and affidavits that were critical in the appeal…Kawal and I are grateful to ICAAD for being there for us and for helping to push the policy change.”
Watch Kawaljit Tagore, her attorney Scott Newar, and Jaspreet Singh of ICAAD discuss the case, settlement, and the government's kirpan policy.
Watch Kawaljit Tagore, her attorney Scott Newar, and Jaspreet Singh of ICAAD discuss the case, settlement, and the government’s Kirpan policy.
The settlement included:
  • Exception to Enter Specific Houston-Area Federal Facilities Protected By FPS
  • Wearing a Kirpan with a 4.5-inch blade for Three Years
  • Exception for Visits to Other Federal Facilities
  • Screening Procedures to Include No Touching of the Kirpan
  • Dissemination of Public Information Regarding FPS Directive 15.9.3.1
  • Training of FPS inspectors and PSOs assigned to federal facilities in Houston
  • Expunging References to Ms. Tagore’s Termination
  • Attorney’s Fees

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and people like you who believe that substantive equality is a fundamental human right.

Timeline of ICAAD’s Involvement in Tagore v. USA

2011-2012: Formal Kirpan accommodation requests submitted to the Department of Justice and Tom Perez, Assistant Attorney General for the Civil Rights Division. ICAAD provides guidance on potential kirpan accommodation policies.

August 7, 2012: Filed Amicus Brief in Tagore v. USA, et. al (94 pages including appendix). ICAAD attorneys were compelled to submit an Amicus Brief in the interest of the Sikh community, so that the Sikh community had a clear voice on conveying the sanctity and significance of the kirpan to the Court of Appeals for the 5th Circuit. Furthermore, we provided examples from foreign jurisdictions to show the prevalence of kirpan accommodations globally. Read ICAAD’s Amicus Brief Filed Before the U.S. Court of Appeals for the Fifth Circuit.
September 19, 2012: ICAAD filed affidavits on behalf of Hansdeep Singh, Director of Legal Programs at ICAAD and Satnam Singh, community member, stating that the Department of Justice and the Hart Senate buildings accommodated their kirpans.
September 21, 2012: Scott Newar, Attorney for Ms. Tagore, filed Notice of Case Development including ICAAD’s affidavits at the 5th Circuit, notifying the Court that a government policy exists to accommodate the kirpan.
November 5, 2012: ICAAD, based on previous accommodation requests to DOJ obtained kirpan accommodations for DOJ inter-agency meetings, for the first time.
December 12, 2012: Government filed new FPS policy under seal, in response to the Notice of Case Development and motions filed by Scott Newar.
February 5, 2012: The 5th Circuit Court unseals the FPS policy, one day before oral arguments.
November 13, 2013: The 5th Circuit Court issues its decision, remanding the case to District Court on the Religious Freedom and Restoration Act claim and dismissing the Title VII claim.
January 27, 2014: ICAAD submitted a letter to President Obama and Attorney General Eric Holder, signed by 143 Sikh organizations and Gurdwaras, requesting the Department of Justice to settle the case on behalf of Ms. Tagore.
November 3, 2014: Ms. Tagore and the government reach a settlement on the eve of trial at the District Court.