Despite Setbacks, Religious Attire Accommodations Making Headway

Of the nearly 500,000 Sikhs in America, Major Kamaljeet Kalsi represents only one of three turbaned and bearded Sikhs in the military.
In 1981, military policies prevented practicing Sikh followers from joining the armed forces due to restrictions on turbans, headscarves and beards. The Pentagon reviewed military policies in late January to accommodate religious beliefs and revised them to allow Sikhs to maintain their beards and wear turbans.
"When I first applied, any idea of Sikhs working in the military was pretty unheard of," Kalsi said. "There were a few, but I had never heard of them."
There's been progress, Kalsi said. “However, the policy must give more room for Sikhs.”
Despite the progressive policy change from the Pentagon, Kalsi’s frustration mirrors the feelings of thousands of Sikhs who feel that they must still fight for permission to freely wear their religious articles.
“To be Sikh, it requires that we wear head coverings and keep our beards—it’s not a negotiable part of our religion,” said Kalsi. “When you look at Sikhs around the world, we are distinguished by our appearance. Without it, we lose that outward expression.”
The military is not the only sector in which Sikhs have fought to preserve their identity. Several businesses have prevented Sikh employees from exhibiting physical tenets at work, and school administrators have sent children home due to conflicts between religious attire and policy.
The lack of acceptance stems from misunderstanding and fear, according to Jo Kaur, staff lawyer for the Sikh Coalition. The turban has been associated with terrorism by many since 9/11, but in Sikhism, it represents purity. Advocacy groups and gurdwaras have worked to educate others about the faith. But the Sikh community has seen most progress through legal action.
“Sikhs have overcome many battles," said Kaur. "Most of the time, others do not really understand the importance of these articles." But once a dialogue is established, Kaur said, people will be able to reach understanding that will allow for more changes.
"It feels like an uphill battle," Kaur said, "but we’ve had success.”
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A Sikh man named Gurpreet Kherha won a settlement last November against a New Jersey Lexus dealership, where he'd applied for a job, with a "no-beard" policy for its employees. The Sikh Coalition represented Kherha's claim that the dealership did not hire him because his beard violated this policy. Kherha also applied for religious accommodations, which was denied by management. Unable to receive special permission, he walked away from the possibility of the job.
As a result of the settlement, Tri-County Lexus paid Kherha $50,000 in damages and entered a two-year consent decree with the federal government. As part of the decree, the dealership was ordered to revise its policies to prevent discrimination, train staff in religious accommodation laws and provide future applicants with these policies during the hiring process.
“We want a grooming policy that accepts beards as the standard, instead of as the exception," Kaur said. "Sikhs should not have to be forced to choose."
Sikhism is the fifth largest religion in the world, founded by Guru Nanak more than 500 years ago in Punjab, South Asia. Tenets of the religion require Sikhs to maintain a uniform, including unshorn hair and a turban. Some of the elements like the wooden kangha comb and iron kara bangle rarely undergo scrutiny. The small dagger called the kirpan, which reminds a follower to defend themselves to others, has been the item of contention in legal cases.
The Fifth Circuit Court of Appeals heard arguments for a case last November concerning the clash between the religious liberty of the kirpan and federal security policies. Kawaljeet Tagore was fired from her job in 2006 as an IRS accountant because she wore a kirpan to work. Tagore lost the initial lawsuit against the IRS in 2009, but the appeal encouraged a change in policy.
The Federal Protective Service enacted a policy which would prevents categorical bans on religious items. Additionally, religious items that pose no danger to federal buildings must be granted access, with special provisions for Sikh articles.
“When a policy changes, we truly see change. Sikh Americans have all the same rights as anyone else,” said Kaur. “Written law solidifies the changes that we hope to see. It opens opportunities for everyone else who struggles with the same issues.”
Reach Contributor Jerome Campbell here.