As’Salaamu Alaikum,
This past month, your legal team at CAIR-SFBA continued assisting individuals by providing direct legal services and advocacy on a whole host of issues. These ranged from employment discrimination and travel complaints to filing asylum applications.
Here are some national and local highlights:
- CAIR National’s legal team won a major victory on behalf of 23 American Muslims who were placed on a secretive government “watchlist”. Judge Anthony Trenga of the Eastern District of Virginia ruled that the government has unconstitutionally failed to provide watchlisted persons with notice and an opportunity for individuals to challenge their status.
- CAIR-SFBA’s legal team filed a complaint with Air Canada on behalf of a 12-year old Bay Area native, who was forced to remove her hijab in public by Air Canada employees. We are requesting monetary damages for her emotional distress, formal reprimands of the Air Canada employees involved, and training for all employees.
- CAIR-SFBA settled a Department of Fair Employment & Housing (DFEH) complaint filed by a Muslim software engineer, who alleged he was not hired for a position after being asked about his religious beliefs during an interview. This is CAIR’s third successful settlement for a client complaining of religious discrimination, in violation of California law, in the past year.
As a matter of precaution, CAIR-SFBA recommends that all individuals are aware of their rights as an employee. Federal and California law make it illegal for an employer to discriminate against an employee on the basis of religion, race, or national origin.
Title VII of the 1964 Civil Rights Act and California’s California’s Unruh Civil Rights Act (see § 51(b)) guarantees your right to:
- Reasonable religious accommodation – The failure of an employer to reasonably accommodate your religious practices constitutes discrimination. Religious practices include modest dress, prayer on the job, and going to Jummah prayer.
- Fairness in hiring, firing, and promotions – Your employer is prohibited from considering your religion when making decisions affecting your employment status.
- A non-hostile work environment – Your employer must ensure that you are not subjected to anti-Muslim insults, harassment or unwelcome, excessive proselytizing.
- Complain about discrimination without fear of retaliation – You have a right to report an act of alleged discrimination. It is illegal for your employer to retaliate against you for your complaint.
You can find more information about these and other civil rights protections in the Know Your Rights materials found on our website. Knowledge can be an incredible source of power in these circumstances.
Remember you can always reach out to us through this incident report form if you or a loved one are a target of discrimination and harassment while traveling, at your workplace, at healthcare facilities and on school premises. Legal consultations are confidential and provided free of charge.
Thank you,
Ammad Rafiqi, Esq.
Civil Rights & Legal Services Coordinator