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Rastafarian TSA worker wins discrimination complaint

E-mail|Link|Comments () November 17, 2009 05:19 PM

By Martin Finucane, Globe Staff

The Transportation Security Administration discriminated against a Rastafarian man who worked as a baggage screener at Logan International Airport when it sent him a warning letter and a reprimand for not cutting his waist-length dreadlocks, an administrative law judge at the US Equal Employment Opportunity Commission has ruled.

Administrative Judge Erin M. Stilp, in an interim decision last week, said that Josue Brissot had established a prima facie case that he was a victim of religious discrimination.

The TSA also failed to show it had made a good faith effort to reasonably accommodate Brissot's religious beliefs and failed to establish that accommodations suggested by Brissot (including wearing his hair in a bun or under a hat) would cause undue hardship to the agency, the judge said.

"They showed no respect for his religious needs and apparently cared more about appearances than safety," Sarah Wunsch, staff attorney for the American Civil Liberties Union of Massachusetts, said in a statement.

Rastafarians believe that hair length shows their devotion and the longer a person's hair is the closer they are to God, said the ACLU, which was part of the legal team representing Brissot.

The decision is not final until a ruling has been made on damages, the judge noted. The ACLU said the hearing on damages has been slated for February.

"TSA policy precludes me from commenting on pending litigation," said Ann Davis, TSA Northeast spokeswoman.