Sam Spade's San Francisco

That's a pretty serious statement to make -- that AutoZone, a chain of retail stores across the country (and here in the San Francisco Bay Area) discriminated against someone based on their religion. This is a violation of the United States Constitution. It is among the most serious of federal crimes. The Constitution is the basis of our society.

But that kind of criminal bigotry is exactly the kind of crime of which AutoZone is guilty. At least that's what the U.S. Equal Opportunity Employment Commission (EEOC) officially decided. The EEOC determined that a Boston area AutoZone store unlawfully discriminated against a Sikh employee because of his religion. Managers at AutoZone insulted and humiliated the Sikh employee and fired him when he refused to remove his turban."

This isn't the first civil rights problem for AutoZone. Last year, in 2009, AutoZone was ordered to pay $65,000 by a jury that unanimously convicted AutoZone in a sexual harassment law suit. Read about it here).

Here's the report from the Sikh Colation:

The crime:

Mr. Frank Mahoney Burroughs worked at AutoZone for almost three years as a Senior Sales Associate. He was a loyal employee. After enlisting in the U.S. Marine Corps and being discharged for medical reasons, Frank returned to work at AutoZone. He received several raises and was a well-regarded employee of the Everett, Massachusetts branch.

When our client adopted Sikhism during the Summer of 2009, he informed AutoZone that he would grow his facial hair and wear a turban as required by his new faith. But the first day he came to work wearing his turban, the Store Manager threatened to physically throw him out of the store if he did not immediately remove his turban. Frank refused and was kicked out of the store.

Our client was later allowed to return to work and to wear his turban, but the harassment continued. Though he was able to perform all his job functions well, it soon became clear that his managers irrationally equated his turban with extremism and terrorism.

A Sales Manager pulled him a few steps by his kara, an article of faith, and referred to his turban as a "towel" and called him "sick-y." The Store Manager asked the Sikh employee if he had "joined Al Qaeda" and was "going to blow up the store."

When Frank turned to the District Manager for support, he was told that AutoZone reserved the right to fire him if his appearance offended customers. Humiliated and distressed, he turned to Human Resources. In a complaint he wrote, "These unethical and discriminatory business practices have made me feel uncomfortable when I come to work each day." In response, Human Resources told him that AutoZone did nothing wrong and that he should come to work without his turban or not at all. He refused to abandon his faith as ordered and lost his job.

Sikh Coalition Files Complaint Against AutoZone

The Sikh employee contacted the Coalition in Winter of 2009. The Coalition met him in person and agreed to represent him. Coalition attorneys filed an amended complaint with the EEOC office in Boston. (The EEOC is the federal agency charged with enforcing the nation's employment discrimination law.) Coalition attorneys vigorously advocated on the Sikh's behalf during the five month-long investigation of the case.

The Coalition partnered with the Lawyers Committee for Civil Rights in Boston (LCCR-Boston) to fight the case. LCCR-Boston is a highly respected civil rights organization. This is the first religious discrimination case that they have taken in their fifty year history of fighting for justice. Their efforts are an inspiration to all who have suffered from post 9-11 hate.

EEOC Investigates and Concludes that AutoZone Discriminated

The EEOC office in Boston conducted an extensive investigation and found that AutoZone violated federal anti-discrimination law in numerous ways. The company violated the law by verbally abusing and harassing Frank because he converted to Sikhism. The company also violated the law by refusing to let him wear a turban. Last, the company violated the law by retaliating against him when he complained and by ultimately firing him for maintaining his Sikh identity. To read the final decision, click here.

Next Steps

Now that the EEOC has found that AutoZone discriminated, next they will work with both sides to come to a settlement agreement. The Coalition and LCCR-Boston have made it clear that we will not settle with AutoZone unless the company takes concrete steps to stop discrimination against Sikhs and other religious minorities. What happened to our Sikh client should never happen again to another AutoZone employee.

If AutoZone refuses to settle, the Sikh Coalition and the LCCR-Boston will file a federal lawsuit against AutoZone.

If this behavior continues, boycott AutoZone. Let them know we do not want their kind of bigotry existing in or anywhere near San Francisco Bay. Unless this behavior stops, we need to drive them out by simply leaving them alone. Go buy your auto parts someplace else. Click here for a list of where AutoZone stores are located in the SF Bay area.

Protect Yourself from Religious Discrimination in the Workplace

As always, the Coalition calls on all Sikhs to stand up for their rights and fearlessly maintain their articles of faith.

Information explaining your rights in the workplace:

• EEOC Guide on the Workplace Rights of Muslims, Arabs, South Asians, and Sikhs

• EEOC Guide on Employer Responsibilities Towards Muslims, Arabs, South Asians and Sikhs

If you believe that you have been discriminated against or subject to bias based upon your religious beliefs or Sikh identity, and would like to request legal assistance from the Sikh Coalition, please complete our online intake form available at: http://www.sikhcoalition.org/legal_caseform.asp. If you are not able to complete the form online, please call Staff Attorney, Sandeep Kaur at ext. 84.