September 21 2021 (Washington, DC) — In the past several weeks, the Sikh Coalition submitted additional formal recommendations to revise federal masking policies, calling for the availability and legal enforcement of alternative kinds of personal protective equipment (PPE) to be worn by Sikhs, religious minorities, and other individuals as necessary. These submissions come on the heels of multiple high-level discussions the Sikh Coalition has had with the White House and numerous federal agencies for more than a year.
Since the start of the COVID-19 pandemic, many Sikhs in healthcare and first responder roles have been ordered to trim or shave their beards due to concerns that facial hair may permit pathogens to bypass N95 respirators. Fortunately, Powered Air Purifying Respirators (PAPRs) or Controlled Air Purifying Respirators (CAPRs) provide full coverage for individuals with facial hair, and many Sikhs have found other workable solutions with more readily available PPE.
On August 20, the Sikh Coalition provided policy recommendations to the Occupational Safety and Health Administration (OSHA) in response to the federal government’s publication of the Emergency Temporary Standard (ETS) to limit the spread of COVID-19 in healthcare settings. Our recommendations requested that OSHA clarify the ETS to ensure alternative PPE is provided for religious accommodation requests, provide guidance to industries beyond healthcare settings, protect employees from retaliation for requesting accommodations, and make it easier for workplaces to allow employees to bring their own alternative PPE.
Then, on August 23, the Sikh Coalition submitted recommendations to the National Institute for Occupational Safety and Health (NIOSH) to highlight the needs and challenges in PPE for the Sikh community. Our submission stressed the urgent need to research and develop new PPE that is compatible with facial hair, ensure that workplaces more readily permit alternative PPE, and publish clearer guidance on religious accommodation requirements.
“For nearly 20 years, the Sikh Coalition has worked to fight discrimination in the workplace, including through direct legal and advocacy efforts,” said Sim J. Singh Attariwala, Senior Policy and Advocacy Manager. “While the public health challenges of the pandemic are extraordinary, the legal obligation of employers to keep their employees safe while respecting religious rights has not changed: No one should be forced to make a false choice between their faith or profession.”
The Sikh Coalition has led on PPE issues since the start of the COVID-19 pandemic. In March of 2020, we released a memo with the North American Sikh Medical and Dental Association (NASMDA) offering guidance for healthcare professionals on how to proactively request and secure a religious accommodation for a PAPR or other suitable PPE; then, in May of that year, we again worked with NASMDA to produce a letter to fully inform healthcare professionals of their rights when it comes to articles of faith in the workplace. In addition, we secured a donation of more than 20 PAPRs for Sikhs in urgent need, and our Legal Director, Amrith Kaur Aakre, testified before the EEOC Board of Commissioners to highlight challenges Sikhs are facing in workplaces during the pandemic. As a result of our most recent recommendations, the EEOC published guidance on pandemic requirements for workplaces that informs employers of their obligations to accommodate requests for alternative PPE.
If you or someone you know is a U.S. healthcare professional and has been told to shave facial hair in response to COVID-19 or for any other reason, please contact the Sikh Coalition’s legal team for free legal aid immediately. We can effectively walk you through the process of securing a religious accommodation with the goal of a quick resolution between you and your employer.
As always, the Sikh Coalition urges you to practice your faith fearlessly.