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Medic files suit against NM hospital for requiring beard be shaved

Sikh paramedic said the hospital’s management fostered a discriminatory work environment

Albuquerque Journal

ALBURQUERQUE, N.M. — The American Civil Liberties Union of New Mexico filed charges Wednesday with the federal Equal Employment Opportunity Commission against Española Hospital, alleging the hospital’s management fostered a discriminatory work environment against a Sikh paramedic — in part by trying to require him to shave off his beard.

The ACLU says that Sahaj Khalsa was “targeted” with a “suddenly implemented” nobeards policy after he reported discrimination to hospital administrators, “telling Khalsa he must either shave or lose his job.”

Khalsa suggested a compromise, offering to wear a larger-than-standard respirator that would cover his facial hair while he administered aid, but the hospital rejected the idea, the ACLU said in a news release. Months later, the hospital eventually agreed to allow him to use the mask but wanted him to cover the cost of at least $800, according to a statement by Khalsa.

In an affidavit by Khalsa provided by the ACLU, he said that one of the tenets of Sikhism is maintaining uncut hair, including beards, and that as a result, he has never shaved or cut his hair. He worked at the hospital from 2001 until December.

Calls to Española Hospital for comment Wednesday afternoon were not returned.

Khalsa says in his affidavit that the hospital management was formerly supportive of employing Sikhs but that changed in recent years, with Sikhs having to endure derogatory comments about their religion, among other problems. When he resigned last year, he had become the only bearded Sikh working at the hospital, he wrote. Some employees were unwilling to work with Sikhs and some said the Sikhs work too much, according to his affidavit.

He complained to management but the problems “came to a head” in February 2010 when, as he was supervisor on duty, an employee threatened and “physically assaulted” him. He wrote that an investigation found widespread discrimination, but that the result was to target him with the nobeards policy, described as meeting federal Occupational Safety and Health Administration guidelines.

When the hospital eventually agreed to allow him to wear the larger respirator but wanted him to pay for it, it was “clear that this new requirement was imposed on me to discriminate and retaliate against me,” he wrote. He said the hospital didn’t want to accommodate his religious beliefs.

The ACLU is seeking compensation from that Española Hospital and operator Presbyterian Health Services for lost wages and emotional stress.

Copyright 2011 Albuquerque Journal