Celebrating AB1964, California’s New Religious Freedom Law

Source: California Assembly California Gov. Jerry Brown signed a bill providing workers in his state the nation’s strongest protections against … Continued

Source: California Assembly

California Gov. Jerry Brown signed a bill providing workers in his state the nation’s strongest protections against religious discrimination. Spearheaded by Sikhs, AB1964—the Workplace Religious Freedom Act—guarantees equal employment opportunity to millions of Californians, regardless of their religion.

AB1964 has American pluralism written all over it. The bill was sponsored by the Sikh Coalition and authored by assembly member Mariko Yamada, who saw parallels between post-Sept. 11 discrimination and the imprisonment of her family in internment camps during the Second World War because of their Japanese ancestry. Over time, the bill gained support from labor and civil rights organizations, as well as interfaith groups representing Muslims, Jews, Hindus, and Christians. In the end, it sailed through the California Legislature with bipartisan support.

The nation deserves to know why this law matters.

View Photo Gallery: This monotheistic religion, founded in 15th-centory Punjab (now North India and Pakistan), preaches equality of all mankind and peace. The faith, the world’s fifth-largest organized religion, does not have clergy. The faith has had 10 gurus who lived as leaders in the 15th-17th centuries; the Guru Granth Sahib is sacred scripture and the supreme authority. There are more than 25 million Sikhs worldwide, including roughly 700,000 in the United States, according to the Sikh American Legal Defense and Education Fund.

Federal law is supposed to provide a baseline for civil rights protection in the United States. In the context of workplace discrimination, however, the federal floor has fallen out beneath religious minorities. Although Congress intended for Americans of all faiths to enjoy equal employment opportunity under Title VII of the Civil Rights Act of 1964, unelected judges have interpreted Title VII so narrowly that it empowers employers to discriminate with impunity.

Under federal law, if a Sikh’s employability as a sales clerk or police officer is conditioned on shaving his beard or replacing his turban with a hat, an employer can defend its image policies without proving that accommodating a beard or turban would lead to significant economic hardship. Perversely, even in the absence of any economic hardship, an employer can attempt to satisfy its legal obligation to provide a ‘reasonable’ accommodation by segregating a Sikh from the public and paying him the same salary as a public-facing employee.

AB1964 restores the protective floor originally intended for Title VII. The new law requires employers to provide objective evidence of significant economic hardship before denying religious accommodations. AB1964 also rejects the ‘separate but equal’ doctrine by protecting religious observers from workplace segregation. Over time, state legislatures nationwide and the U.S. Congress can look to AB1964 as a model worthy of replication.

AB1964 in context

Even as Sikhs and other religious minorities celebrate AB1964, bigots regard it as an abomination. They balk at the specter of turbaned Sikh police officers protecting their communities. They recoil at the thought of Muslim women selling them clothes while wearing headscarves. And they look askance at Jews and Adventists for observing a Sabbath on a day other than Sunday. Other naysayers worry that AB1964 gives a blank check to religious observers to wear and do whatever they want.

As it turns out, AB1964 guarantees nothing to religious observers. It simply provides guidelines for determining the feasibility of religious accommodations on a case-by-case basis. If someone requests a religious accommodation that would impose a significant economic burden on an employer, the accommodation is not required. A worker’s religion cannot override the civil rights of customers or other employees, and cannot override health and safety requirements. Most importantly, a religious observer must be able to perform his or her job.

For religious minorities, AB1964 promises relief from restrictive image policies that prohibit workers from having beards or wearing head coverings. These policies are popular in the retail and hospitality industries and among law enforcement agencies. Although such policies are defended in terms of ‘professionalism’ and ‘uniformity,’ they are ultimately based on stereotypes about what American workers should look like. After all, what makes a beard unprofessional? And why are uniform policies crafted from a baseline that circularly assumes that religious minorities are out of uniform? I challenge naysayers to provide objective answers to these questions without making themselves vulnerable to charges of bias.

When my Sikh father immigrated to America in 1970 to practice architecture, employers told him that he could have a job only if he removed his turban and shaved his beard. He refused to abandon his faith and took his first job as an office boy, sharpening pencils and making coffee for his fellow architects. For decades, Sikh fathers like mine and countless religious minorities around the nation have been offered a similarly false choice between religious freedom and self-fulfillment in their chosen careers.

What we do for a living is a source of dignity. What we believe—and what we are religiously commanded to do in light of those beliefs—can give meaning and purpose to our lives. No person should have to choose needlessly between the very things that give them dignity and purpose. AB1964 honors this principle, and it is a momentous step forward for civil rights.

Rajdeep Singh serves as director of law and policy for the Sikh Coalition, the largest Sikh civil rights organization in the United States and a sponsor of AB1964

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    If I saw a turbaned cop directing traffic, I would think that that was a bold step forward for America.

    Even while I was thinking that it was a silly religious custom that made the sikh wear it in the first place.

  • DRBallance1

    As a typical “old white man” consumer I can’t see how in the least my sales person wearing a turban would affect my purchasing. I’ve gotten used to all the odd tattoos and such so it’s just another expression of a person’s personality.

  • Gramwithgun

    In response to: what the reporter’s commentary against opposers of the measure in regards to “naysayers giving a blank check to religious observers to wear whatever they want and those that “look askanse at Jews and Adventists for observing a sabbath on a different day than Sunday”. What the editorial crap are you writing? No non-Jew or non-Adventist discriminates against one of those for celebrating on a different day. Some Christian sects may not agree but gone are the days when people discriminate against that sort of thing. You are baiting Rajdeep Singh. The problem that employers are having are health regulations (very valid where food or health cleanliness is concerned) for men with beards and for people who wear clothing that is large enough to conceal weapons or hide the identity of individuals or to make an employee seem invisible or unapproachable to their customers. This bill will make it so that suicide bombers can more easily work at disneyland, national monuments, etc. If big black tents known as burquas were about modesty, then the men in Islamic countries would wear them too. They are about hiding something away.