IRS and Department of Homeland Security Continue to Deny Sikhs' Right

to Carry Kirpan to Work

New York, New York (July 19, 2007) — The Sikh Coalition recently filed an opposition brief in a historic case involving the right of an Internal Revenue Service employee to carry her kirpan to work. To the Coalition's knowledge this is the first time that a Sikh has fought for the right of a federal employee to carry the kirpan to work.

Case Background

Kawaljeet began working for the IRS as a staff accountant during the summer of 2004. During April 2005 she took Amrit and began wearing her kirpan along with all the articles of the Sikh faith.

Though Kawaljeet was able to pass through workplace metal detectors while wearing her kirpan, she decided to inform her employer that she had begun carrying a three inch kirpan in a gatra and underneath her clothes. 

The employees at Kawaljeet's workplace all have access to scissors and heavy staplers. In addition, employees have used knives in office kitchens and box cutters in mailrooms. Since all of these items are more dangerous than her kirpan and are more freely accessible to employees and visitors, the Coalition and Kawaljeet believe she should have been allowed to carry her kirpan to work. In addition, she had been able to freely pass through her work building metal detectors while wearing her kirpan.

The IRS responded in April 2005 by requesting that Kawaljeet take time off from work until it determined whether it would allow her to carry her kirpan to work. A few days later, the IRS reassigned her to work from her home until it determined its policy.

Kawaljeet Chooses Her Faith Over Her Job and is Fired

Kawaljeet worked from home April 2005 until January 2006 while the IRS determined its policy. On January 20, 2006, the IRS sent Kawaljeet a letter ordering her to appear at work without her three inch kirpan by January 30, 2006 or be considered “Absent Without Leave.”

The letter stated that wearing her kirpan to work would violate 18 U.S.C. § 930 which prohibits dangerous weapons in federal facilities, including knives with blades two and one-half inches in length or over. The statute, however, contains an exemption for persons carrying weapons “incident to hunting or other lawful purposes.” 18 U.S.C. §930 is enforced by the Federal Protective Service (FPS), which is under the United States Department of Homeland Security.

On January 27, 2006, Kawaljeet reported to work wearing her kirpan. She informed security that she was wearing a kirpan. She was immediately barred from entering the building by the Federal Protective Service. 

On July 11, 2006, she received a letter stating that the IRS was terminating her. Since then the Coalition has been litigating Kawaljeet's matter vigorously. 

Case Going Forward and the Coalition's Committment to Standing for Sikh Rights

This case is historic for the Sikh community of the United States. It is the first time that a case involving the right of a Sikh to carry a kirpan to work is being actively litigated.

The Coalition is committed to litigating this matter in order to ensure that America is a friendly place for the Sikh way of life. Kawal's workplace is replete with thousands of objects more dangerous than her kirpan. It make little sense to restrict her religious freedom in this context. Ultimately the Coalition believes that it is standing up not only Sikh rights, but American values and basic human rights.

The Sikh Coalition commends the Kawaljeet for standing up for her rights. If you or anyone you know is a victim of employment discrimination, please report it at:  www.sikhcoalition.org/ListReports.asp.

“I was given a choice between my kirpan and my job. I choose my kirpan.”

Kawaljeet Kaur,

Fired IRS employee

Timeline of a Legal Case:

The Coalition's Committment to

Defending the Sikh Way of Life

• On April 19, 2005, the Coalition sent a letter to Kawaljeet’s manager to explain the religious significance of the kirpan and the legal protections for wearing it. The letter included a package of 21 pages of legal precedent supporting her right to wear her kirpan to work.

• On June 30, 2005, the Coalition responded to a letter from the IRS requesting that Kawaljeet either wear a kirpan with a blade smaller than two and one-half inches, wear a kirpan with a dulled blade, wear a kirpan with a duller blade sewn into its sheath, wear a symbolic plastic or lucite kirpan, or leave her kirpan in her car when she comes to work. The Coalition refused these requests on behalf of Kawaljeet as violations of her religious faith

• On January 24, 2006, the Coalition’s Legal Director wrote a five page letter to the IRS explaining in further detail the laws that protect Kawaljeet’s right to wear her kirpan to work.

• On January 30, 2006, the Coalition wrote a letter directed at the Federal Protective Service that explained Kawaljeet’s right to wear her kirpan to work and the inapplicability of 18 U.S.C. §930 to Kawaljeet.

• On February 7, 2006, the Coalition presented a memorandum explaining the violation of Kawaljeet’s religious rights at an Interagency Meeting organized by the United States Justice Departments, Civil Rights Division. 

• On February 8, 2006, the Coalition submitted an informal complaint with the IRS alleging employment discrimination on behalf of Kawaljeet as required by IRS regulations.

• On February 23, 2006, the Coalition’s Legal Director flew to Houston to represent Kawaljeet at a mandatory mediation session with IRS representatives. The mediation session was not able to resolve the dispute.

• On March 10, 2006, the Coalition submitted a formal complaint with the IRS alleging employment discrimination on behalf of Kawaljeet as required by IRS regulations.

• On March 13, 2006, the Coalition's Legal Director wrote to the IRS officials in Washington, DC regarding Kawaljeet's case.

• On April 14, 2006, the Coalition's submitted a clarification letter on the legal issues to be investigated to the Treasury Department.

• On May 3, 2006, the Coalition submitted another clarification of the issues to be investigated to the Treasury Department.

• On May 16, 2006, the Coalition responded via letter to the IRS' Notice of Proposed Adverse Action.

• On July 11, 2006, the Coalition submitted answers to an IRS investigator's questions regarding Kawaljeet's matter.

• On September 26, 2006, the Coalition submitted a list of corrections to be made to the IRS' investigative file in the matter.

• On October 27, 2006, the Coalition requested the Kawaljeet's matter be heard before an EEOC Administrative Law Judge

• On January 23, 2007, the Coalition submitted responses to the IRS discovery requests.

• On February 16, 2007, the Coalition defended Kawaljeet's deposition by the IRS' attorney.

• On June 4, 2007, the Coalition submitted at 41 page reply to the IRS' Motion for a Decision Without a Hearing

• On June 16, 2007, the Coalition submitted a 10 page sur response to the IRS' Motion for a Decision Without a Hearing.

Started as an effort to educate the greater North American community on Sikhs and Sikhism, the Sikh Coalition seeks to safeguard the civil and human rights of all people as well as to promote the Sikh identity and communicate the collective interests of Sikhs to civil society. The Coalition serves as a resource on Sikhs and Sikh concerns for governments, organizations and individuals.

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