Court Refuses To Dismiss Justice Department's Title VII Case Against NYC Transit Authority

In United States v. New York City Transit Authority, 2010 U.S. Dist. LEXIS 102704 (ED NY, Sept. 24, 2010), the Department of Justice sued the New York City Transit Authority claiming that it violated Title VII of the 1964 Civil Rights Act through polices and practices that discriminate against employees whose religious beliefs require them to wear certain head coverings, such as turbans or khimars, without logos on them. The complaint alleged selective enforcement of the Transit Authority's uniform policies and failure to reasonably accommodate Sikh and Muslim employees. The court rejected three arguments for dismissal put forward by the Transit Authority. The court held that the suit can be maintained as a "pattern or practice" claim, that in such a claim the government does not have to show that each person for whom it will ultimately seek relief was a victim of the employer's discriminatory policy, and that such claims are not subject to the same rules regarding shifts of burden of proof as in individual Title VII actions. The court also held that whether the Transit Authority offered reasonable accommodation of employees' beliefs could not be determined as a matter of law at the summary judgment stage.