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"It is commanded by Allah that all Muslim women must cover their hair," Webb. Picture courtesy of The Philadelphia Inquirer
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WASHINGTON,
August 15 (IslamOnline.net & News Agencies) – An American female
police officer is facing a dismissal for wearing hijab (Islamic
headscarf) while on duty, press reports said Friday, August 15.
Officer
Kimberlie Webb, 40, a converted Sunni Muslim and an eight-year police
veteran, went to work wearing hijab earlier this week, but she was
reprimanded and sent home without pay until she removed the religious
head covering, said The Philadelphia Inquirer.
If
she shows up with it again, Police Commissioner Sylvester M. Johnson
said, she will be fired, claiming that it is unsafe for a police
officer to wear the garb.
"She
will be terminated if she comes to work and decides that she's not
going to adhere to our policy," Johnson said.
But
Webb was defiant and insisted that wearing hijab is her religious
belief.
"It
is commanded by Allah that all Muslim women must cover their
hair," she said in an interview in her East Germantown home a day
earlier.
"As
a Muslim woman, I must follow this command," she added.
Webb,
recently divorced and the mother of six children, said she became a
Sunni Muslim about two years after joining the force in 1995.
She
said she soon began wearing the headgear off duty. In 1998 she asked
permission to wear it to work, but was immediately turned down by
superiors, who said that it was a danger. She said she was told that
"someone could pull me with it or choke me."
"So,
I pretty much left it alone. I was happy learning my religion,"
she said, taking notice of other female officers wearing wigs and
hairpieces.
Only
For Beards
Observers
see threats to Webb as sexist, as Johnson himself changed the
department's decades-old rule to allow officers to wear full beards
for religious or medical reasons only few days ago.
Under
the religious waiver, an officer may wear a beard if he practices a
religion that requires him to have it.
Saying
that changing the beard policy was based on the decision of the Third
Circuit Court and the federal court, Johnson contended that women's
hijab makes a different case.
"As
far as females wearing headgear, there [are] no legal challenges
anywhere in the United States and no law anywhere that we researched
that would say that this is permissible," he said.
But
Title VII of the Civil Rights Act of 1964 prohibits employers from
discriminating against individuals because of their religious beliefs
or practices.
The
act requires employers to reasonably accommodate the religious
practices of an employee, unless to do so would create an undue
hardship, said the Inquirer.
Safety
Claims Refuted
The
Council on American-Islam Relations in Washington, an advocacy and
civil-rights group that has taken up Webb's cause, said Philadelphia
police initially opposed the scarf as a safety issue.
"Other
departments in other parts of the country have had similar situations,
in Chicago in the sheriff's department and in a fire department in
Maryland," Rabiah Ahmed, a council spokeswoman, was quoted by the
Inquirer as saying.
"They
were able to come to a compromise and accommodate scarves."
Ahmed
said police safety concerns that the hijab could be grabbed and
harm a female officer are easily remedied by using hook-and-loop
closures that separate when pulled open.
Webb's
hijab, which does not mask her face, is fastened with the
pull-apart closures.
"We
believe it's her sincere belief that this [the wearing of the hijab]
is religiously mandated," Ahmed said. "Like anybody else,
she should be able to practice her religion. And if it's not an undue
hardship, she should be allowed to practice her religion."
Ahmed
herself wears a hijab "for the purpose of identity, the purpose
of protection, and the purpose of modesty.
"It
protects me from unwanted gazers, it's an act of modesty, and an act
of worship."
She
said some Muslim scholars agree that wearing the hijab is mandated by
God.
"It
is open for interpretation," she said. "Some scholars say
it's not [mandated], but most say it is, according to my understanding.
"But
that's beside the point," Ahmed said. "As long as it's her
religious belief, it's for her to decide."
On
August 6th, CAIR sent a letter to Philadelphia Police Commissioner
Sylvester Johnson outlining the department's legal duty to accommodate
the religious practices of employees.
That
letter sought an
investigation of the case, requested that dress code policies
be amended to allow
religious exemptions and recommended sensitivity training for department staff.
"Given
the growing religious and ethnic diversity of our society, creative
solutions must be found to balance the needs of employers with the
religious rights of employees as guaranteed by the Constitution and
federal law," said Joshua Salaam, CAIR civil rights manager.
Salaam
applauded the Philadelphia Police Department's recent decision to
change its no-beard policy by allowing officers to grow facial hair
for religious or medical reasons. He called on the department to make
a
similar accommodation for the female officer.
In
a similar case last year, Illinois' Cook County Sheriff's Department
allowed a Muslim and a Jewish deputy to wear religiously-mandated head
coverings while on the job.
That
decision came after concerned Muslims from across America contacted
the sheriff's office to request religious
accommodation for the two officers. In 2001, CAIR helped a
Muslim woman firefighter in Maryland win the right to wear an Islamic
scarf while at the same time addressing her employer's concerns about
safety.