As’Salaamu Alaikum,
In the closing month of 2019, CAIR-SFBA attorneys engaged with the community by providing direct legal services leading to timely representation and advocacy on a whole host of issues ranging from employment discrimination, travel complaints to filing asylum applications.
Additionally, the team continued conducting our Naturalization and Know Your Rights (KYR) workshops for community members around issues such as law enforcement interactions involving the Federal Bureau of Investigation (FBI) agents as well as harassment by Customs and Border Patrol (CBP) agents at the nation’s borders. Among other locations, CAIR-SFBA’s naturalization workshops visited the Islamic Society of East Bay (ISEB) in Fremont, and over the course of the year, our team and partners assisted over 140 individuals with filing naturalization applications. For details about our schedule this coming month, please visit our events page.
Given the winter break and school holidays, CAIR-SFBA attorneys advised clients traveling within or outside the U.S. through airports or land borders, community members found that they had their electronic devices searched despite not consenting to it, which CBP agents are worryingly authorized to do so, or detained and seized for an expanded period of time. In an age of expanded data storage and access capabilities which benefit both users as well as governmental agencies seeking to pry into your life, CAIR-SFBA recommends that travelers use backup storage devices to store data; alternative and disposable electronic devices and to disable identification features like retinal scans throughout the process. If you are worried about encountering hostile CBP agents during secondary screening or extended questioning, please read through our traveler’s Know Your Rights materials that can be accessed on our website.
CAIR-SFBA’s legal staff also continued advising community members on their rights recommends that all individuals are aware of their rights as an employee(s) going into the new year which may be briefly summarized as the following:
• Federal and California law makes 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 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 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 – Federal and California law guarantees your right to report an act of alleged discrimination. It is illegal for your employer to retaliate against you for your complaint.
If you find yourself or a loved one a target of discrimination and harassment while traveling, at your workplace, at healthcare facilities, or on school premises, please reach out to us through our incident report form. More generally, we recommend contacting our legal department at 408. 986.9874 for personalized legal consultations or reading through our Know Your Rights materials found on our website.
Sincerely,
Ammad Rafiqi, Esq.
Civil Rights & Legal Services Coordinator