Court upholds firing over Muslim headscarf

CAMDEN - An appeals court Wednesday upheld the firing of a Camden County corrections officer who said her Muslim beliefs required her to wear a head covering on duty.

Linda Tisby, a 13-year employee at the county jail, contended her dismissal in May 2015 violated her rights under the state's Law Against Discrimination. Tisby, who was fired after adopting the Sunni Muslim faith, said county offiicals had failed to accommodate her "sincere religious beliefs."

But a three-judge panel supported two Superior Court rulings against Tisby, saying the county had shown Tisby's head covering – known as a khimar or hijab – would impose an undue hardship on the jail. It said that circumstance created an exception to the state law, allowing Tisby's termination.

"We do not minimize the religious significance of the khimar for the women who wear them," the ruling said. "We recognize a compelling sense of religious obligation in the decision to wear a khimar."

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The panel agreed with a trial judge who found the jail's ban on khimars was justified "because of overriding safety concerns, the potential for concealment of contraband and the importance of uniform neutrality."

County officials were pleased with the ruling, said spokesman Dan Keashen.

"Our No. 1 priority is to ensure the safety of the employees and the inmates in the institution," he said. "We believe, and the court was clear in its ruling, that this case would have compromised the health and welfare of all who work and live in the facility.”

Kevin Costello, a Mount Laurel attorney for Tisby, said he was disappointed by the decision.

"We believe, however, there is a basis for review by the (state) Supreme Court," he said. "We're going to do that."

A spokesman for the Council on American-Islamic Relations, a group that advocates for Muslims' civil rights, expressed concern.

"It's in our interest to make sure a negative precedent like this doesn't stand," said Ibrahim Hooper at the group's Washington, D.C., headquarters.

"Usually we find if there's good will on all sides, some kind of accommodation can be reached," said Hooper, who noted the New York City Police Department recently eased its dress code to allow turbans for Sikh officers.

"We've more or less resolved the issue of religious accommodation in what we call the corporate workplace," Hooper said. "The only remaining issues are in the police and correctional institution settings where there's a uniform."

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According to Wednesday's decision, Tisby reported to work on May 1, 2015, in a khimar – described as "a tight-fitting head covering without a veil."  When Tisby refused a supervisor's order to remove the khimar, she was sent home and disciplinary charges were recommended.

The ruling said Tisby similarly refused orders to remove the head covering on May 2, 3 and 6, "stating the khimar was for religious purposes." She then received a two-day suspension.

The jail's uniform policy allows only "authorized head gear," the ruling noted.

The jail's warden, David S. Owens Jr., notified Tisby on May 11, 2015, that he considered her stance to be a "request for accommodation under … the Civil Rights Act." but contended that would impose an undue hardship.

Owens told Tisby she would face no disciplinary action if she returned to work without the khimar. She refused that offer and was removed from her position that same day, the ruling said.

Tisby then filed two court cases in June and July 2015, alleging the county had violated her rights and seeking reinstatement and back pay.

One case was dismissed on Aug. 7, 2015, after Superior Court Judge Anthony Pugliese found the county had proved an undue hardship. The other, which argued the jail had allowed other female workers to wear head coverings, was dismissed two weeks later by Superior Court Judge David Ragonese on the grounds that Tisby should have presented all of her arguments in a single case.

In upholding the lower court rulings, the appellate panel cited a federal court decision in a case brought in 2005 by the federal Equal Employment Opportunity Commission on behalf of Muslim women employed at a privately run jail in Pennsylvania. That ruling found khimars "would present safety concerns in a prison setting because they could be used as a weapon to choke someone."

Wednesday's decision also noted a 2007 ruling against a Philadelphia police officer who sought to wear a khimar on duty.

In that case, Philadelphia's police commissioner asserted it was "essential that the police maintain political and religious neutrality as they carry out their duties and must be seen by the public as not favoring one group or faith over another."

Jim Walsh; (856) 486-2646; jwalsh@gannettnj.com