Court dismisses part of discrimination lawsuit by Sikh IRS employee who wore kirpan to work

August 29, 11:32 PMHouston U.S. District Court ExaminerFrank Taylor

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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.