Human Rights Commission orders New York Police to reinstate Sikh traffic officer

 

Nw York, July 01, 2004
Sant Singh

Human Rights Commission (HRC) of New York'shas ordered the New York Police Department (NYPD) to reinstate its traffic officer Jasjit Singh Jaggi and allow him to wear his turb on the job. The commissioners ruled that NYPD did not prove its chief argument that failure to wear the regulation white, eight-point cap would make Jaggi unrecognisable as a traffic agent and might subject him to racist remarks.

                                                                

Jasjit Jaggi who quit his job in August 2002 rather than violate the tenets of Sikhism to wear a turban at all times, was quoted by the New York daily as saying he couldn't wait to get his job back .He must be taken back immediately or NYPD would have to fork out 100 dollars each day it violates the Commission's order, the order said.NYPD could also be fined $50,000, according to the city's administrative code. The city's assistant corporation counsel, Eamonn Foley, said NYPD was disappointed with the ruling and was weighing the need to appeal the order.Said the Daily News: "HRC's landmark order serves as a precedent to other Sikhs fighting city agencies for their right to wear a turban while at work."


Correction:

NY City Judge recommended New York Police Dept. to change “No-Turbans” Policy

April 30, 2004

The report in the New York Daily News run though the NRI Internet (see below) saying that Jaggi had won the right to wear his turban was incorrect.. The judge has issued a recommendation on the matter.

Administrative Law Judge Donna Merris recommended , Jagjit Singh Jaggi be reinstated and allowed to wear a turban while working as a traffic enforcement agent.

Judge Merris issued a "Report and Recommendation" yesterday, outlining her findings of fact and legal conclusions. The New York City Human Rights Commission may adopt her findings and recommendations as a "Final Decision and Order." In the vast majority of cases, the Commission adopts an administrative law judge’s recommendations. It is well-reasoned and thoughtful decision. We hope the NYPD will heed her recommendations."

A Final Decision and Order from the Commission is similar in force to a court decision. The Commission can require the NYPD to change its "no-turbans" policy and award Jagjit Singh compensatory damages. The Commission may only issue remedies based on New York City administrative law, however, not on state or federal civil rights law. The NYPD may appeal an order of the Commission to the New York state trial court and then to state appellate courts.

 


NRI Sikh a traffic officer wins right to his turban- The New York Police Dept. (NYPD) was guilty and US court allows Sikh cop to wear turban

New York, April, 2004

 

The New York Police Dept. (NYPD) was guilty of religious discrimination against Jasjit Singh Jaggi by trying to force him to wear a regulation white cap. Jaggi filed the complaint on June 19, 2002, after he was informed by the department that he had to remove his turban and trim his beard or face severe consequences including removal from his job. His efforts to convince the department by offering to wear a white turban, the same colour as the hat the city's traffic officers wear, with a badge on it was turned down.

In an August 2002 resignation letter, Jaggi explained, "It is very humiliating and depressing for me to work every day in this hybrid and insulting appearance of a 'cap' instead of a turban. Jasjit Singh Jaggi, who quit rather than violate tenets of his religion, should be put back to work - turban and all, Administrative Law Judge Donna Merris recommended.

The New York Police Dept. (NYPD) improperly barred a traffic enforcement agent who practices the Sikh faith from wearing a turban on the job, according to a ruling yesterday. The police department in its argument had said that sporting a religious headgear would hamper work. "He would not be recognised as a traffic agent and he could not put on a gas mask or an escape hood in an emergency," it had said

"No one in the department has ever objected to my uncut beard, which is also against the regulations."

The chief reason practicing Sikhs wear turbans is to show love and obedience to the wishes of the faith's founders.

Mills said the NYPD failed to prove its chief argument that failure to wear the regulation white, eight-point cap would make Jaggi unrecognizable as a traffic agent and might subject him to racist remarks and assaults.