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Sikh Sues Delta Airlines over Racial Profiling, Harassment

Sikh Sues Delta Airlines over Racial Profiling, Harassment

Published 09-16-03

Submitted by Sikh Mediawatch and Resource Task Force (SMART)

WASHINGTON, DC – On Tuesday, September 16 a Sikh businessman will file a lawsuit against Delta Airlines, Inc., its affiliate Atlantic Coast Airlines, Inc. and the flight crew alleging acts of racial profiling, intimidation and harassment during a routine commercial flight. Immediately after filing the lawsuit at the U.S. District Court, Newark, NJ, the plaintiff, Mr. Hansdip Singh Bindra, and his attorneys will hold a press briefing at the courtroom steps and will be joined by representatives from national civil rights organizations.

On November 26, 2002, Hansdip Singh Bindra, a software consultant who maintains a turban and beard in accordance with his Sikh faith, boarded a flight in Newark, New Jersey bound for Dayton, Ohio. According to the complaint to be filed tomorrow by Mr. Bindra’s attorney, on seeing Mr. Bindra board the airplane, the flight attendant approached several passengers prior to the flight’s departure and commented "she would not allow what happened before, on this flight," making reference to the terrorist attacks of 9/11. She then solicited the passengers’ help to physically subdue Mr. Bindra on her signal, because she felt he– the one wearing the “turban” – would be “trouble” on the flight.

Before the flight took off, Mr. Bindra retrieved a magazine from an overhead compartment. After assuming his seat, Mr. Bindra was confronted by the flight attendant, who informed him that he and others from “the Middle East” should maintain a “low profile.” Mr. Bindra politely attempted to inform the flight attendant that he was a Sikh of South Asian origin, but was told to “shut up,” “stay seated” and “do not cause any problems.” Furthermore, the flight attendant told Mr. Bindra that she felt threatened by his presence on the airplane and was going to ask the captain to take the airplane back to the gate so that Mr. Bindra could be removed by law enforcement officials.

In response to these disgraceful events, a number of Mr. Bindra’s fellow travelers filed complaints against the flight attendant at the conclusion of the flight. Passengers were outraged at the flight attendant and felt she had lost her composure and she, not Mr. Bindra, was a security risk to the flight. Passengers have also submitted affidavits verifying Mr. Bindra’s version of events on the flight.

Although Delta Airlines has been presented with compelling evidence of unlawful racial profiling, harassment and intimidation, it has refused to take adequate measures to accept responsibility for such inappropriate conduct. Additionally, Delta has refused to offer Mr. Bindra adequate assurance that it will train its employees in a manner that would avoid similar incidents in the future. Delta has also failed to disclose publicly whether any disciplinary action has been taken against the flight attendant.

"An important reason why I am here today is to help put an end to racial profiling at the airports and on the airplanes in this country. There is simply no justification for racial profiling – period," said Mr. Bindra. His attorney, Ravi Singh Bhalla in a brief statement said, "There is no legal or other justification for the behavior of this flight attendant and Delta Airlines. Hansdip looks forward to telling his story to a jury of his peers in the coming months."

In response to Delta’s attempt to sweep this matter under the rug, the Sikh Mediawatch and Resource Task Force (SMART), a national civil rights organization, is urging the Sikh, South Asian and Middle Eastern communities to exercise caution before choosing to fly Delta, until the airline takes concrete steps to prevent future acts of discrimination and publicly discloses the action taken in response to this particular incident.

“Unless Delta takes affirmative, satisfactory steps to resolve Mr. Bindra’s lawsuit, and actively demonstrates acceptance of religious and cultural diversity among its customers, we will urge Americans, including those in the Sikh, South Asian, Middle Eastern, and other concerned communities, to take their business elsewhere,” said SMART’s President Manjit Singh. “First, however, we will evaluate Delta’s response to Mr. Bindra’s lawsuit before taking further action,” he added.

Mr. Bindra’s lawsuit, among other things, seeks to mandate cultural and religious awareness training of all Delta employees to prevent acts of illegal discrimination against air travelers in the future, by ensuring passengers are not profiled on the basis of race or religion. Mr. Bindra is also seeking compensatory and punitive damages.

The statements to be read at the press briefing by Hansdip Singh Bindra, Preetmohan Singh, National Director, SMART, Marie Watteau, MALDEF, and others are available below in PDF format:

Hansdip S. Bindra's Statement at Press Briefing

SMART's Statement at Press Briefing

Statement of Support from MALDEF

Hansdip S. Bindra's Statement at Press Briefing

Time Line

About SMART: Founded in 1996, SMART is the oldest national Sikh American civil rights organization. Our mission is to protect the rights of Sikhs through legislative advocacy, public education, legal assistance and ensure accurate portrayal of the Sikh religion.

Sikh Mediawatch and Resource Task Force (SMART)

Sikh Mediawatch and Resource Task Force (SMART)

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