United States District Judge Sim Lake granted a motion to dismiss a claim under the Religious Freedom Restoration Act (RFRA) against certain defendants in a lawsuit by a former employee of the Internal Revenue Service (IRS) who, because she is a member of the Sikh faith, wore a kirpan to work. Judge Lake also dismissed the employee’s claims under Title VII of the Civil Rights Act of 1964 against all of the defendants except Secretary of the Treasury Timothy Geithner.
A kirpan is a small ceremonial sword and one of the Sikh Articles of Faith. In January 2009, Kawaljeet Tagore filed the lawsuit against the Department of the Treasury, the IRS, the Department of Homeland Security, the Federal Protective Service, and several individual government officials and employees. The lawsuit was the subject of a March article, Sikh article of faith at issue in former IRS agent’s employment discrimination lawsuit.
In addition to the RFRA claim, Ms. Tagore’s complaint in the lawsuit included a claim for religious discrimination under Title VII of the Civil Rights Act of 1964. Judge Lake concluded that, with regard to employment discrimination, the Title VII claim preempts the RFRA claim because Ms. Tagore relies upon the same facts to establish both claims.
The only remaining claims are the Title VII claim against Secretary Geithner and the RFRA claim against the Department of Homeland Security, the Federal Protective Service, and officials and employees of those two entities. The dismissal on August 23rd eliminated the RFRA claim insofar as it concerned the IRS, the Department of the Treasury, and all of the individually named defendants in their personal capacities.
Comments
Interesting. I would really have liked to seen how this suit would've played out. Perhaps part can be salvaged yet. Keep us posted!
Thanks.
I'd like to see pictures of the kirpan and a little history of why it is considered a religious artifact.
I agree that we should NOT discriminate based on religion...UNLESS it interrupts "regular" course of business.
For Example: If I was a snake-worshipper, attended a snake-worshipping group for years, and one day decided to bring a 6' boa constrictor to my job to wear around my neck because it was an expression of my "Religious freedoms"....
Isn't THAT taking things a wee bit far?
I agree with Sami: Very interesting article. I would like more details. I'm most curious about Homeland Security's reactions.
I am a supporter of the first amendment right to worship as one chooses and even to wear religious articles in the workplace. However, it seems that we are asking officials to suspend acceptable judgement in granting this woman to carry a knife.
I am suspicious of anyone who claims they need to accessorize with any implement that could be used as a weapon. There has to be a more aceptable manner in which the complainant can worship and represent her faith.
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