Sikh Applicant Wins Complaint Against CDCR
December 2nd, 2008
In a significant decision, an administrative court found that California’s Department of Corrections and Rehabilitation (CDCR) discriminated against a Sikh man who applied for a correctional officer job. CDCR had refused to give the Sikh a job because he would not shave his religiously-mandated beard for a gasmask fit test.
Trilochan S. Oberoi, a devout Sikh, has never cut his hair (including facial hair), in accordance with the mandates of his faith. He served 26 years in India’s Navy and 10 years in the merchant marines before immigrating to Folsom, CA in 2001. During that time, he was required to use several types of gasmasks and respirators. His beard had never been an impediment.When Mr. Oberoi applied for a correctional officer job, however, CDCR told him that he must appear clean-shaven for a gasmask fit test. According to the agency, correctional officers cannot wear gasmasks properly unless they are clean-shaven. When Mr. Oberoi told CDCR that he could not shave for the gasmask fit test, CDCR refused to hire him …The court found that CDCR discriminated against Mr. Oberoi because it refused to even attempt to explore possible accommodations for Mr. Oberoi’s unshorn beard. Accommodations for beards were likely available, the court said, because CDCR grants employees medical exceptions to its no-beard rule …“I feel vindicated,” said Mr. Oberoi. “I wanted to serve the State of California as honorably as I had served India. I thought the job would be a great fit. I was shocked at how I was treated.” Sikhism is the fifth largest religion worldwide. Sikhs are mandated to leave all hair on their bodies uncut, tying the hair on their heads underneath a turban.
More on this case from Market Watch.