After several failed attempts to remedy employment discrimination claims by a Sikh man, federal and state agencies gave the go-ahead to Sukhbir Singh Channa to sue Walt Disney World Co., which he did last week, according to the complaint filed in Hillsborough County, Florida.

Sukhbir Singh claimed that Disney hired him in 2005 at its Magic Kingdom theme park in Orlando but then refused to let him perform as a trumpet player because of his turban and beard, which are mandated by his religion. Disney then refused him all employment the following year because he still had a problem with “The Disney Look,” its appearance policy, the complaint said.

In February 2007, Sukhbir Singh filed religious discrimination charges with the federal Equal Employment Opportunity Commission and the Florida Commission on Human Relations.

Both the federal and state commissions concluded from their separate investigations that Sukhbir Singh had cause to sue, and sent him a ‘Right to Sue’ letter in December and March, respectively.

Disney did not return our request for comment. But it told several mainstream news media that it does not have any record of Sukhbir Singh applying for re-employment.

The class-action lawsuit was filed on June 12, said Matthew S. Sarelson, his attorney. It includes two witness affidavits two of Sukhbir Singh’s fellow performers, Nicole Daley and Zachary Allen.

He was seeking a “generic job,” Sarelson said. Employment laws are favorable to businesses, but they have to prove that a religious accommodation would cause undue hardship to the business. He was not asking to play the part of a specific character, like Cinderella, he said.

The lawsuit asks for $1 million in damages and also asks the court to stop Disney from further discrimination against all Sikh employees and prospective employees.

Sukhbir Singh then found a job with a traveling-play company. He just finished a nine-month tour playing for the Broadway children’s-musical, Annie, Sarelson said. He had no problem playing in front of audiences around the country.

But Disney had a problem. Sukhbir Singh was a student at University of South Florida in Tampa when Disney hired him in October 2005, as a trumpet player for its Christmas celebration.

For part of his job, he wore a toy soldier outfit that covered his head. For the other part of his job, he was supposed to wear a red beret and white pants for a live band.

According to the court complaint, Disney invited him to wear a red turban instead of a red beret and he agreed. He rehearsed with the rest of the band, up to the day of the opening performance, but ultimately he was not allowed to perform.

He complained to Disney’s human resources department and was told he was never hired for that role, according to the complaint.

In early 2006, Disney terminated Sukhbir Singh for not having the look. And in October 2006, he reapplied at his university campus, but was denied all employment because he still had the look problem. According to the complaint, Disney rehired all of his colleagues who wanted to be rehired.

Sukhbir Singh will receive financial backing for the lawsuit from the Washington-based Sikh American Legal Defense and Education Fund.

The advocacy group had sent a couple of letters asking to meet with Disney. Disney responded that it did not have any record of Sukhbir Singh applying for a job, said Rajbir Singh Datta, SALDEF’s national director.

“What about other Sikhs who want a Disney job?” Rajbir Singh said. “This affects not just one Sikh, an entire community is effectively barred.”

Note: Top photo: courtesy SALDEF

By Anju Kaur
Sikh News Network staff reporter
anjukaur@sikhnn.com