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MedicCook
05-09-2007, 10:39 PM
Muslim officer can wear religious headgear on duty
Decision grew out of suit filed by corrections officer who was ordered to remove his kufi

ALBANY -- State prison officials have agreed to allow a Muslim correction officer to wear religious headgear while on duty at a Harlem correctional facility.

The agreement, which was signed by a federal judge Friday and made public today, settles a religious discrimination lawsuit filed by the New York Civil Liberties Union in October on behalf of Abdus Samad N. Haqq.

Civil libertarians said the decision makes it clear that the state will now grant other religious accommodations, as well.

At the time the federal lawsuit was filed, former state Department of Correctional Services Lucien LeClair had said he was ``vehemently opposed'' to granting any accommodations to security staff employees for reasons of religious practice.

But a pending companion lawsuit filed in March by the U.S. Department of Justice said DOCS violated a federal law requiring employers to reasonably accommodate religious practices.

Haqq, a devout Muslim, was ordered in May 2005 to remove his kufi, or a knitted scull cap, while on duty at the Lincoln Correctional Facility.

The small knitted cap is traditionally worn by Muslims as a sign of piety. Like other observant members of his faith, Haqq prays five times a day, the lawsuit said.

Although the 54-year-old complied with his supervisors' request to remove the headgear, he said it was difficult ``emotionally and spiritually.''

The settlement comes two months after the state Department of Corrections relaxed its policy on altering the uniform code of grooming.

It also follows another 2006 NYCLU lawsuit which persuaded the U.S. Coast Guard to change its rule that barred members of the Merchant Marine from wearing religious head coverings in their license photographs.

``We are particularly pleased that New York officials have recognized the need to respect the religious beliefs of Muslims,'' said NYCLU Executive Director Donna Lieberman. ``We hope this marks a first step toward a more tolerant attitude about freedom of religion by prison officials.''

http://timesunion.com/AspStories/story.asp?storyID=587906&category=&BCCode=&newsdate=5/9/2007