Wednesday, September 18, 2013

FOR IMMEDIATE RELEASE
CAIR-NY Asks Comptroller to Audit NYPD Muslim Surveillance Costs
(NEW YORK, N.Y., 9/6/13) -- The New York chapter of the Council on American-Islamic Relations (CAIR-NY) today called on candidate for mayor and New York City ComptrollerJohn Liu, to audit costs associated with the New York City Police Department's (NYPD) widespread surveillance program targeting law-abiding Muslims.
In a letter to Comptroller Liu, CAIR-NY wrote in part:
"The unwarranted actions the NYPD has taken against the Muslims in New York cannot and should not be ignored. If issues such as these continue to be put aside it will only escalate into something much worse; a further deterioration into distrust and fear of the NYPD. The NYPD has been financing an unconstitutional policy and practice of targeting entire Muslim communities for discriminatory surveillance ... The NYPD Intelligence Division is able to take such actions only because they have been given ample resources, including hundreds of millions in federal, state, and municipal funds."
CAIR-NY's letter requests "a full fiscal management and operations audit of the sections and units of the New York Police Department's Intelligence Division."
"No one knows exactly how much taxpayer money the NYPD has squandered through their unconstitutional and counterproductive surveillance programs that target people solely based on their faith and ethnicity," said CAIR-NY Board President Ryan Mahoney. "We urge Comptroller Liu to continue standing with the people of New York City and on the side of justice by launching a comprehensive financial audit of the NYPD."
CAIR-NY sent a similar letter requesting an audit to the offices of Attorney General Eric Holder.
A request for an audit has also been sent by State Senators Kevin Parker and Eric Adams to the comptroller and the state attorney general. A similar letter has been sent by a diverse set of community organizations, houses of worship, civil rights groups, activists and individuals.
CAIR-NY, along with other civil rights organizations, recently urged the U.S. Department of Justice (DOJ) to investigate reported violations of the constitutional rights of Muslims by the New York City Police Department (NYPD). That request came following new revelations by The Associated Press (AP) that the NYPD "has secretly labeled entire mosques as terrorism organizations, a designation that allows police to use informants to record sermons and spy on imams, often without specific evidence of criminal wrongdoing."
CAIR-NY is a chapter of America's largest Muslim civil liberties and advocacy organization. Its mission is to enhance the understanding of Islam, encourage dialogue, protect civil liberties, empower American Muslims, and build coalitions that promote justice and mutual understanding.
FOR IMMEDIATE RELEASE
CAIR-SFBA, LAS-ELC Win Judgment Against Abercrombie & Fitch in Hijab Case
Look-conscious retailer found liable for religious discrimination in firing of Muslim worker
(SAN FRANCISCO, CA, 9/9/13) -- The San Francisco Bay Area office of the Council on American-Islamic Relations (CAIR-SFBA) and the Legal Aid Society-Employment LawCenter (LAS-ELC) today announced a legal victory in a lawsuit against clothing retailer Abercrombie & Fitch over the firing of a Muslim worker who refused to remove her religiously-mandated hijab (headscarf) as a condition for keeping her job.
U.S. District Judge Yvonne Gonzalez Rogers ruled that Abercrombie & Fitch violated federal and state civil rights laws against workplace discrimination when it fired Hani Khan in 2010 for refusing to remove her hijab. The lawsuit, which was filed by CAIR-SFBA, LAS-ELC and the U.S. Equal Employment Opportunity Commission (EEOC), sought to vindicate Khan's rights against religious discrimination in the workplace.
In her 25-page decision, Judge Gonzalez Rogers resoundingly rejected Abercrombie's "undue burden" defense. The decision stated in part:
"Abercrombie only offers unsubstantiated opinion testimony of its own employees to support its claim of undue hardship. Abercrombie failed to proffer any evidence from those four months showing a decline in sales in the Hillsdale store; customer complaints or confusion; or brand damage linked to Khan's wearing of a hijab."
"I was shocked and surprised when I was asked to remove my hijab and then fired for refusing to comply," said Khan. "It is not the kind of thing that anybody expects to happen, especially when you are working hard and doing a good job. It was important for me to challenge what happened because it was a violation of my rights, but also because I want to help make sure it never happens to anybody again. That is what this case is about for me."

"This decision confirms that the way businesses hold themselves out to the public, and the image they wish to project, must be balanced with their employees' rights to be free from workplace discrimination -- in this case, on the basis of Ms. Khan's religion, Islam," said Christopher Ho, senior staff attorney at the LAS-ELC and Director of the National Origin, Immigration, and Language Rights Program.

"At the heart of this case is the belief that no one should ever have to choose between their religion and work," said Zahra Billoo, executive director of CAIR-SFBA. "All Americans have a right to reasonable religious accommodation in the workplace, and for Muslim women this includes the right to wear a hijab to work."

Although Judge Gonzalez Rogers found Abercrombie liable for violating Khan's civil rights, trial is scheduled to begin September 30 to decide the extent of back pay, compensatory and punitive damages, and injunctive relief that Abercrombie must provide as a result of its discriminatory actions.

BACKGROUND:

Report: Abercrombie Struggling to Prove Fired Woman's Hijab Hurt Sales

Khan was fired from her job at a Hollister Co. store (operated by Abercrombie & Fitch) at the Hillsdale Shopping Center in San Mateo, Calif., after she had worked there successfully and without any customer complaint for four months. When she was initially hired, Khan was told her hijab would not be in conflict with the company's so-called "Look Policy" as long as she wore it in company colors, which she did. Nonetheless, in February 2010, Abercrombie managers demanded that Khan remove her hijab while working. When she said her religious beliefs prevented her from complying with the demand, and requested a religious accommodation, Khan was suspended and terminated shortly thereafter.

In June 2011, CAIR-SFBA and LAS-ELC filed a federal lawsuit in San Francisco against Abercrombie & Fitch, charging it with having unlawfully discriminated against Khan because of her religious beliefs as a Muslim. Khan's complaint alleged violations of Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act.  Abercrombie responded that accommodating Ms. Khan would be an "undue burden" because it would hurt its "brand image."
Prior to the scheduled jury trial, Khan and the EEOC asked Judge Gonzalez Rogers to render a decision on the undisputed facts that had been developed in the litigation.
This court is the second in the Northern District of California to find that Abercrombie cannot demonstrate that it is an undue hardship to accommodate employees who wear hijabs.  Earlier this year, Abercrombie similarly failed to justify its refusal to hire a woman who applied to work at an Abercrombie Kids store in Milpitas.

Abercrombie Can't Shed Headscarf Discrimination Suit
About CAIR-SFBA: The San Francisco Bay Area office of the Council on American-Islamic Relations is the nation's oldest chapter of CAIR, America's largest Muslim civil liberties and advocacy organization. Its mission is to enhance the understanding of Islam, encourage dialogue, protect civil liberties, empower American Muslims, and build coalitions that promote justice and mutual understanding. Celebrating its 19th anniversary in 2013, each year CAIR provides legal advice, assistance, and representation to thousands of American Muslims alleging religious discrimination and harassment.
About LAS-ELC: The Legal Aid Society of San Francisco-Employment Law Center, founded in 1916, is a non-profit public interest law firm committed to protecting the rights and economic self-sufficiency of low-income and disadvantaged workers and their families. LAS-ELC has for decades litigated on issues of racial equality; gender equity, immigration and national origin discrimination, and disability rights. Aside from its impact litigation, the LAS-ELC conducts public education and legislative advocacy, provides technical assistance to other advocacy groups, and undertakes direct legal representation in specific cases.
  • Hadith of the Day: Pay Workers on Time 
    The Prophet Muhammad (peace be upon him) said: "Give the hired worker his wages before his sweat dries." (Al-Tirmidhi) The Prophet also said: "Nobody has ever eaten a better meal than that which one has earned by working with one's own hands." (Sahih Al-Bukhari)
  • North Carolina Becomes 7th State to Ban Muslim Sharia Law (Deseret News)
    • Sharia Law is Another Imagined Threat (Tulsa World)
    • Sharia Law Amendment a Waste
      The amendment had no business being on the ballot in the first place. The matter was a waste of time and taxpayer money from start to finish — all for political posturing.
CAIR Advisory:
FBI Visits to Syrian-Americans Prompt Reminder of Legal Rights
(WASHINGTON, D.C., 9/1/13) -- The Council on American-Islamic Relations (CAIR), the nation's largest Muslim civil rights and advocacy organization, today issued an advisory reminding Syrian-Americans of their legal responsibilities and rights when contacted or visited by law enforcement authorities.
[NOTE: CAIR issued a similar advisory in 2011 after receiving reports of FBI agents contacting members of the Libyan-American community because of the conflict in that North African nation.]
CAIR's advisory comes amid reports that FBI agents "are expected to interview hundreds of Syrians in the coming days" as the United States is poised to launch a military attack on that nation. The Washington-based civil rights group has also received reports that Syrian-Americans who travel to the Middle East have been approached by military authorities when they return to the United States.
In its advisory to the American Muslim and Syrian-American communities, CAIR said:
American Muslims strongly support law enforcement and the protection of our national security. As Americans, we also value the civil rights of every individual. All Americans have the constitutional right to due process and to be represented by an attorney.
Know Your Responsibility as an American Muslim:
If you know of any criminal activity taking place in your community, it is both your religious and civic duty to immediately report such activity to local and federal law enforcement agencies.
Know Your Rights When Contacted by a Law Enforcement Officer:
1) Understand that providing information to the FBI or any law enforcement officer, absent a subpoena, is strictly voluntary. You are not obligated under law to answer any questions from law enforcement officers other than providing them with an official identification card.
2) You may choose to have an attorney accompany or represent you for any interview or questioning. We strongly recommend you consult with an attorney regarding the risks and benefits of being interviewed by law enforcement agents in your specific case. CAIR may provide legal assistance, or can refer you to an attorney.
3) If FBI agents show up at your home or workplace and do not have a search or arrest warrant, you have no obligation to let them in.
4) If they do have an arrest or search warrant, you can still exercise your right to remain silent. Comply with all directives and do not physically resist an officer. Be polite and respectful at all times. You also have the right to an attorney.
5) If an agent or officer says they have some questions for you, you have the right to not speak to them and/or you may tell the agents or officers that you will have your attorney contact them if they wish to speak to you. Again, CAIR can provide legal assistance, or can refer you to an attorney.
6) Note that anything you say to an agent or officer can be used against you in a court of law and that lying to an agent or officer is a criminal offense.
7) Should you decide to speak to agents alone despite the risks, note that you may set the conditions of the interview, including choosing when and where the interview is to take place, having a third party present such as a family member or community leader, deciding which questions to answer, and refusing to sign any documents. You may cancel the interview at any time. (Ask the agent if you may record the interview.)
8) Be sure to get the names, agencies, badge numbers, and business cards of all agents or officers.
9) Contact your attorney and/or CAIR to report the interview/incident and to discuss what may happen next. If you feel that your civil rights were violated, you may also file a complaint with the Department of Justice Civil Rights Division. CAIR can help you with this process.
10) To file a civil rights complaint with CAIR, please click here.
[Please note: This above is for informational purposes only and does not constitute legal advice. Should you have any questions about the material herein or about a specific case, please consult with your attorney.]
CAIR is America's largest Muslim civil liberties and advocacy organization. Its mission is to enhance the understanding of Islam, encourage dialogue, protect civil liberties, empower American Muslims, and build coalitions that promote justice and mutual understanding.

Friday, August 30, 2013

MEDIA ADVISORY
CAIR-NY, Rights Groups to Seek DOJ Probe of NYPD 'Terror' Designation for Mosques 
Designation allowed NYPD to record sermons, spy on all worshipers, place informants on boards
(NEW YORK, N.Y., 8/28/13) -- Later today, the New York chapter of the Council on American-Islamic Relations (CAIR-NY), along with other civil rights organizations, will hold a news conference on the steps of 1 Police Plaza to again call on the U.S. Department of Justice (DOJ) to investigate reported violations ofthe constitutional rights of Muslims by the New York City Police Department (NYPD).
[NOTE: Co-sponsors of today's news conference include the Arab American Association of New York and the Muslim American Civil Liberties Coalition (MACLC).]
CAIR-NY and others will make that request following new revelations by The Associated Press (AP) that the NYPD "has secretly labeled entire mosques as terrorism organizations, a designation that allows police to use informants to record sermons and spy on imams, often without specific evidence of criminal wrongdoing."
WHAT: CAIR-NY, Rights Groups to Call for DOJ Probe of NYPD 'Terror' Designation for Mosques
WHEN: Wednesday, August 28, 2 p.m.
WHERE: Steps of 1 Police Plaza (NYPD Headquarters)
CONTACT: CAIR-NY Board Member Lamis Deek, 917-607-0072, CAIR-NY Office, 212-870-2002; CAIR Staff Attorney Gadeir Abbas, 202-742-6410, 720-251-0425, gabbas@cair.com
"The NYPD has proven itself unwilling or unable to respect the constitutional and religious rights of minorities, and it is now up to the Department of Justice to step in," said CAIR-NY Board Member Lamis Deek.
Deek noted other AP revelations about NYPD spying, including:
  • "Designating an entire mosque as a terrorism enterprise means that anyone who attends prayer services there is a potential subject of an investigation and fair game for surveillance."
  • "Many [spying operations] stretch for years, allowing surveillance to continue even though the NYPD has never criminally charged a mosque or Islamic organization with operating as a terrorism enterprise."
  • "The strategy has allowed the NYPD to send undercover officers into mosques and attempt to plant informants on the boards of mosques and at least one prominent Arab-American group in Brooklyn, whose executive director has worked with city officials, including Bill de Blasio, a front-runner for mayor."
  • "Before the NYPD could target mosques as terrorist groups, it had to persuade a federal judge to rewrite rules governing how police can monitor speech protected by the First Amendment."
In 2011, CAIR called on the DOJ to investigate apparent violations of the privacy rights of Muslim students by the NYPD and several colleges and universities. NYPD informants infiltrated Muslim student groups at local colleges and universities, monitored their Internet activity and placed undercover agents in their ranks. NYPD officers and several educational institutions may have also violated U.S. privacy laws by accessing and sharing students' records without warrants.
Based on concerns about the NYPD's "stop and frisk tactic" and its surveillance of Muslims, the New York City Council recently overrode mayoral vetoes to create a watchdog for the department and make it easier to file profiling lawsuits against it.
CAIR is America's largest Muslim civil liberties and advocacy organization. Its mission is to enhance the understanding of Islam, encourage dialogue, protect civil liberties, empower American Muslims, and build coalitions that promote justice and mutual understanding.
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CONTACT: CAIR National Communications Director Ibrahim Hooper, 202-744-7726, ihooper@cair.com; CAIR Communications Manager Amina Rubin, 202-341-4171, arubin@cair.com