MAJOR VICTORY FOR MUSLIMS, SIKHS & CIVIL RIGHTS From: Omar Mohammedi, Esq. Date: Sat, Apr 5, 2014 at 2:47 PM Subject: FW: A Major Decision on Employment and Religious Discrimination against the MTA ASA Everyone: It is with great pleasure and emotions that I attach the court’s decision related to a major employment discrimination case against the MTA. As you may know in 2003 various discrimination lawsuits were filed against the MTA on behalf of Muslim women and Sikhs. These women were prevented from driving city buses and subway trains so that they did not appear in public with their religious headscarf. Our firm filed an employment discrimination lawsuit on behalf of our client, Stephanie Lewis, a Muslim African-American who wore the headscarf. The late Stephanie Lewis was told that the public did not want to see her in Khimar (religious scarf) as it would scare people to ride with her. The late Stephanie Lewis was relieved of her duties as a bus operator, sent to a garage depot to do janitorial work so that people would not see her driving the city bus with her Khimar. Thereafter, she was harassed, humiliated, called names (raghead) and targeted. After working 20 years with the MTA, she was dismissed because of her religious beliefs. She lost all her benefits. She had diabetes and could not afford medicine. As a result her legs were amputated. She died in poverty following the amputation, two years ago. This case is very sad but also very important as justice has prevailed thus far. Other Muslim women and Sikh filed similar lawsuits. The Department of Justice filed another lawsuit against the MTA. However, the DOJ settled its case. While other Plaintiffs settled along with the DOJ, our firm refused to do so and continued fighting for this case, despite the passing of our client. We wanted to fulfill her wishes and set a precedent for other Muslim women so they did not face these blatant and outrageous discriminatory acts against them due to their faith and religious freedom. Two days ago Judge Townes, in the Eastern District of New York, issued a great opinion against the MTA. The attached opinion is a textbook on employment and religious discrimination. The Judge granted Stephanie Lewis all her claims, including but not limited to disparate impact, disparate treatment, retaliation, unlawful dismissal, violation of religious freedom, violation of First Amendment Rights….etc. I urge each lawyer and non-lawyer on this list to read this opinion. This opinion does not only redress the right of our late client but describes in a text book fashion how claims for religious and employment discrimination are not tolerated under the federal, state and city laws. Ms. Lewis died defending her civil rights. She died with her religious principles. She used to tell me “I would rather die dignified than compromise my religious beliefs.” She got her wish. This case will serve as a precedent and a notice to the MTA and to the other public and private employers that religious intolerance will be defeated as a matter of law. The MTA employs 45,000 people. Its size does not render it invincible if it violates the law. I have Handled major civil rights cases such as Amadou Diallo, six Imams Osama Al Najjar...etc. but this one has an emotional tone to it. I promised to my client that I would stop by her grave and give her the good news. I will tell her that her fight for justice did not go in vain despite her passing. Her legacy will keep her alive and her struggle is an example for all Muslim women out there. May God bless her soul. Wa Salaam Omar Mohammedi, Esq. Adjunct Professor, Fordham Law School
Posted on: Sat, 05 Apr 2014 19:52:46 +0000