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Jewish detective sues police

Lawsuit: Policy that prevents wearing of skullcap, beard violates rights

As an observant Orthodox Jew, Steve Riback must cover his head and abstain from shaving. As a detective in the Metropolitan Police Department, he is prohibited from wearing a cap or beard.

The conflicting roles lie at the heart of a federal lawsuit filed this week by Riback, a nine-year veteran of the department who contends he is experiencing religious discrimination on the job.

"I just never thought in my wildest dreams it would have gotten to this point," Riback said Wednesday. "That's for certain."

The 31-year-old detective said he tried repeatedly to meet with his superiors and negotiate a compromise before resorting to litigation.


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  • "This is a result directly of their actions, or their inaction to handle the matter correctly," he said.

    Attorneys with the American Civil Liberties Union of Nevada, who are representing Riback, are seeking a preliminary injunction that would prohibit police officials from disciplining the detective for wearing either a short beard or a yarmulke at work. A yarmulke is a skullcap worn by Jewish men and boys.

    "He has now been going to work for almost seven months with no beard and no head covering in violation of his religion, and is daily suffering irreparable harm to his emotional and spiritual well-being, and his constitutional rights," the lawsuit alleges.

    Liesl Freedman, the Police Department's general counsel, said she had not seen the lawsuit but did not wish to comment on pending litigation. Regarding the department's policies, she said: "It's a paramilitary organization, and we remain religion-neutral. And that's important."

    Riback disputes the assertion that the department is religion-neutral. Until recently, he said, the department allowed uniformed officers to wear an International Fellowship of Christian Police Officers pin that featured an open Bible.

    Shortly after Riback pointed out the contradictory policies, he said, department officials decided to prohibit officers from wearing the pin.

    Attorney Allen Lichtenstein said neither Riback nor the ACLU asked for the ban. Riback said the policy change has put him in an uncomfortable position with his co-workers.

    "My immediate colleagues are very supportive, but there's certainly a stigma and a monkey on my back," he said.

    Under the law, Lichtenstein said, an employer must reasonably accommodate an employee's religious practices unless the employer cannot do so without undue hardship.

    Riback said his religion did not conflict with his job when he began working for the department.

    "Within the past five years or so, I progressively became more and more observant," he said.

    During that time, Riback was assigned to the department's vice squad, where he wore a beard and baseball cap as part of his undercover disguise. His appearance did not become an issue until October, when he was transferred to his current job with the office of quality assurance. Riback's lawsuit describes the new position as a "non-uniformed desk job with little or no interaction with the public."

    For his first few weeks in the new position, according to the lawsuit, Riback wore a yarmulke and a close-cropped beard that was shorter than the one he wore in his undercover position.

    "At the time, Metro had a personnel policy that prohibited all officers from wearing beards but provided for waivers for officers who must wear facial hair for medical reasons," according to the lawsuit. "Detective Riback is personally aware of several officers with beards who work a uniformed duty."

    Riback knew of no policy at the time that "forbade the wearing of hats by non-uniformed officers under any circumstances," according to his lawsuit, and uniformed officers were allowed to wear baseball caps with some restrictions. In May, according to the lawsuit, the department changed its "civilian clothing" policy to forbid the wearing of any hats while indoors.

    Not long after starting his desk job, according to the lawsuit, Riback was instructed to shave his beard. He did, but he submitted a request to the department's diversity director for a religious accommodation to wear a "neat beard." Also, he inquired about his right to wear a yarmulke.

    According to the lawsuit, Riback's request to wear a beard was denied, and he was informed for the first time that he was not allowed to wear a yarmulke. Riback said he later asked for permission to wear a plain baseball cap, but that request also was denied.

    "What Steve is asking for is very, very limited," Lichtenstein said.

    Riback said the head covering serves to remind Orthodox Jews that God is always above them, and Orthodox Jews believe the Hebrew Bible forbids shaving one's face.

    Lichtenstein said Riback has "scrupulously complied" with the decisions of department officials, "even though he feels his rights were violated."

    "He is trying to vindicate his rights through proper channels," the lawyer said.

    Gary Peck, executive director of the ACLU of Nevada, described Riback as a "stellar police officer" committed to a career in law enforcement.

    "This is exactly the kind of guy that the department should be doing everything in its power to keep and advance," Peck said.

    The lawsuit names Sheriff Doug Gillespie, Capt. Stavros Anthony and Walter Norris, director of the department's office of employment diversity, as defendants. In addition to its claim of religious discrimination, the lawsuit accuses the defendants of retaliating against Riback for complaining about the discrimination.

    "The clumsy way Metro handled officer Riback's case is deeply disappointing," Peck said. "It indicates that whatever progress has been made at the department concerning diversity issues, it still has a long way to go to live up to its own professed ideals."

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    Gulshan wrote on September 04, 2007 02:56 PM: No doubt the citizens are supposed to abide by the rules and regulations of the authority and the law of the land.
    In the case of Steve Reback denying him to wear his religious gear that does not harm to anybody is not fair.

    Steve Reback is an orthodox Jew, which means he takes his religious practices very seriously. If I am not mistaken the Beard and the cap-Yarmulke is their identity. If he is living in the democratic society and the country then he should be allowed his respectful gear that does not harm to anybody. It would be nice for a change to see more Jewish men with their ID Gear.
    Thank you.


    GARY LICHTENSTEIN wrote on September 03, 2007 10:09 AM: I am tired of the whining by people who claim there ethnic,religious or any other belief has been violated. If you want to work, look at the laws,by laws,regulations and any other edict and or rule pertinent to the job and position you want. DO NOT TAKE THE JOB if you see something that you do not agree with. Do not think you will take the job and then change the rules or protest because it violates some right of yours.Was this guy (steve Riback) ever in the military? I doubt it since you cannot wear a yamulke or any other religious medal(exposed) with your uniform. I am telling Riback,get with the program or get another job.Just for the record,I am a Jew and served in the U.S.NAVY. I retired in 1993.
    THANK YOU, GARY LICHTENSTEIN


    A.Schneider wrote on September 01, 2007 12:38 PM: Isreal needs cops too !That is where he should go !


    Friend wrote on September 01, 2007 11:18 AM: I agree with James, he should become a Rabbi. I don't want to see a cop with any religious adornments.....the same way as I don't want to see a cop with a forearm tattoo or a teardrop tattoo below the eye.

    Sam, move to San Francisco.


    James Wilson wrote on September 01, 2007 09:57 AM: Oy vey, why doesn't he quit the force and become a Rabbi?


    GK wrote on August 30, 2007 09:13 PM: But, if a Christmas tree is put up in that same environment, it would be considered offensive. The ACLU is nothing but a bunch of hipocrites.....


    SHIFRA SARRAF wrote on August 30, 2007 09:10 PM: IN THE COUNTRY OF FREEDOM TO PRACTICE RELIGION IT IS UNFAIR TO DISCRIMINATE AGAINST YOUR BELIEF WHICH DEPRIVES PEOPLE FROM DOING THEIR JOB SPECIALLY AT LAW ENFORCEMENT. WE PEOPLE RELY ON STABILITY AND ABILITY OF OFFICERS TO FOCUS ON DAY TO DAY ISSUES AND CHALENGES THEY ARE FACING FOR OUR SAFETY. THIS KIND OF ACTIONS THROUGH POLICE DEPARTMENT IS NOT ACCEPTABLE AND MUST BE SOLVED ACCORDING TO THE LAW AND AMENDMENTS RULLING OUR CONTRY.


    George Roberts wrote on August 30, 2007 06:49 PM: I'm really tired of all this nonsense. If this man can't follow the department rules, then he should find other employment. Police officers should present a religion neutral appearance. Otherwise we will have Roman Catholic officers accused of harassing Protestant citizens, or visa versa. And, just wait until this officer wearing his beard and yarmulke arrests a Muslim Arab. That will be the day the fireworks start for sure!


    Triple Eight wrote on August 30, 2007 04:22 PM: soooo.... if this dood wins, that
    means i can march thru city hall and
    sing "Onward Christian Soldier" at the
    top of my voice.... BECAUSE I WANNA!!!
    right?
    the heck with good manners, being
    polite, social restraint, etc.
    just do whatever YOU wanna do and rest
    assured everyone else just stand there
    and smile... cause the court says so!!


    Greg C. wrote on August 30, 2007 03:18 PM: This might make a good premise for an action movie. A tough Jewish cop battles criminals, and his superiors on the force, while trying to maintain his spirituality. Call it "Yarmulke Justice" or something.


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