THURSDAY, SEPTEMBER 30, 2004 (202) 514-2008
WWW.USDOJ.GOV TDD (202) 514-1888

JUSTICE DEPARTMENT SUES NEW YORK METROPOLITAN TRANSPORTATION AUTHORITY
AND NEW YORK CITY TRANSIT AUTHORITY ALLEGING RELIGIOUS DISCRIMINATION

WASHINGTON, D.C. - The Justice Department today announced the filing of
a lawsuit against the New York Metropolitan Transportation Authority
(MTA) and the New York City Transit Authority (NYCTA) alleging
religious
discrimination against Muslim, Sikh, and other employees who wear
religious head coverings.  The complaint alleges that the MTA and the
NYCTA have engaged in a pattern or practice of discrimination against
these employees by selectively enforcing their uniform policies and by
failing or refusing to reasonably accommodate these employees'
religious
practices and beliefs.

"Public employees should not have to sacrifice their religious beliefs
to enjoy the same benefits of employment as their coworkers," said R.
Alexander Acosta, Assistant Attorney General for the Civil Rights
Division. "While public employers have the authority to set reasonable
dress standards, they cannot selectively apply them at the cost of
civil
rights.  We will continue to closely monitor public employers to guard
against illegal religious discrimination."

According to the complaint, in early 2002 the MTA and the NYCTA began
enforcing uniform policies against Muslim and Sikh employees who wear
headscarves or turbans.  The MTA and the NYCTA involuntarily
transferred
these employees to yard or depot jobs where they would not be seen by
or
interact with the public.  These jobs also provide diminished seniority
benefits and fewer overtime opportunities.  Prior to 2002, many Muslim
and Sikh employees had been wearing their religious head coverings
without incident.  Other employees have routinely worn non-MTA
headwear,
such as baseball caps, and the MTA and the NYCTA continue permitting
them to do so.
 
The filing of this lawsuit reflects the Civil Rights Division's ongoing
commitment to actively enforce federal employment discrimination laws.
This is the fourth lawsuit alleging a systematic pattern or practice of
employment discrimination by a public employer filed by the Department
this year, and the most such cases filed in a single year since 1997.