Former Employee Files Employment Discrimination Complaint

Posted by Erika Niedowski on Jan. 11, 2010, at 10:37 am

A former employee of Kabab-ji Grill, the Middle Eastern restaurant chain that opened its first U.S.-based location in the District last year, has filed a complaint with the Equal Employment Opportunity Commission saying he was discriminated against based on race, national origin, religion, and disability.

In the Dec. 23 complaint, Abdelkader Nsiri, 33, who worked from August to November as a manager in charge of hiring hosts and wait and kitchen staff, says Kabab-ji’s human resources director, Khal Risheq, referred to Arabs as “stupid and ignorant,” North Africans as “sensitive complainers and trouble makers,” and African-Americans as “slaves.” Nsiri, who is Tunisian but has lived in the U.S. for about 10 years, was allegedly instructed to shave his goatee, which made him look like a “Kuwaiti faggot.”

The complaint says that the restaurant’s management and corporate staff prevented the hiring of Arabs and other minorities for positions at the front of the restaurant—and that Nsiri was demoted after recommending an African-American for a hostess job. Soon after, he was terminated altogether, says Peter Mina, his lawyer. (Mina says the restaurant is challenging his claim for unemployment benefits; a hearing was scheduled for today.)

Reached at the restaurant by telephone Friday, Risheq said: “I would love to respond, but we have a lawyer who is handling this issue.” Referring without explanation to “blackmail,” he added that he himself is Muslim and that “we have plenty of Arabs here.”

Someone from Kabab-ji who identified himself only as Sam later called Washington City Paper and said that, on the advice of the restaurant’s lawyer, all he could say was: “All these allegations are totally false. Their lawyer is threatening litigation.” Sam Najjar is the head of operations for Kabab-ji USA, according to the firm that handles local PR for the restaurant.

The restaurant opened in Dupont Circle in November and is too new to have much of an established following yet here, but its restaurants abroad (the chain is headquartered in Lebanon) have a good reputation. The local outlet attempts to plow the same ground as the local Lebanese Taverna group, which has dragged Middle Eastern cuisine out of its suburban kebab shops and given it the full-service restaurant treatment, complete with wine menus and cocktail service.

The EEOC complaint, among other things, alleges that Risheq refused to hire one job candidate of Tunisian origin, saying that he “was not attractive and with his beard ‘would have Americans thinking he was a terrorist.’”

From the complaint:

Mr. Risheq required Mr. Nsiri and other managers to implement a hiring program that discriminated against anyone that was not a young, attractive, white female. Further, Mr. Risheq informed the staff that he did not want anyone over 26-years-old working at the front of the restaurant. Mr Risheq also ruled out any applications from African-Americans whom he referred to as “abeed” (the Arabic word for “slaves”).

On October 9, 2009, Mr. Nsiri interviewed a black female applicant for a hostess position. When Mr. Nsiri referred her to Samer [identified as the corporate trainer] for a follow up interview, Samer rejected her and told Mr. Nsiri that he was ignorant and blind because he was “sending an ugly black girl with a hairy face,” to him for an interview. Mr. Najjar added that he did not want to talk to her because he “had enough of those niggers.”

According to the complaint, Risheq also instructed the restaurant staff to change their names to sound more “American”—”Mac” for Majed, for instance, and “Sam” for Sameer. Employees, including Nsiri, were prevented from speaking Arabic even if they didn’t know English, “forcing them to resort to hand signals as the only means of communication,” the complaint says.

Mina also says Nsiri’s managers violated his disability rights by interfering with his ability to take medication for depression, anxiety, and a reflux condition, and to seek treatment for a work-related injury.

Washington City Paper

Delhi Govt. Special School denies admission to 8 year old child

Dear Madam Chief Minister of Delhi,

It is most unfortunate and painful that a school meant for children suffering from hearing impairment has denied admission to a hearing impaired child in Class I without any valid reason. The Rajkiya Madhyamik Badhir Vidyalaya (Delhi Government Secondary School for Hearing Impaired Children run by the Department of Social Welfare at Sector-4, Rohini, Delhi-85 has refused to grant admission to 8-year-old Master Vicky even after repeated requests of the child’s mother. It is submitted that Master Vicky s/o Mrs. Kiran Singh r/o N-123/5, T-HUTS, Lal Bagh, Azadpur, Delhi is suffering from hearing disability. As per the Hearing Disability Certificate dated 01.08.2007 issued by Ali Yavar Jung National Institute for the Hearing Handicapped, the child suffers from Profound Sensorineural Loss with pure tone average of 95 % dB in the better ear. It is submitted that from the past one month Mrs. Kiran, the mother of the child, has been asking the authorities of Rajkiya Madhyamik Badhir Vidyalaya to give admission to her ward in Class 1 in the said school owing to Master Vicky’s hearing disability, but the school authorities have been refusing to take him in their school. Even after repeated requests the school has not paid any heed to the child’s right to education. It is interesting to note that the said school is a special school, run by the Delhi Government for the children with hearing impairment.

One can imagine that if a special child has not been admitted in a special school run by the Government, then what will happen to the children with disabilities seeking admission in mainstream schools run by the educational departments of Delhi Government and the MCD. It is needless to say that as per the existing law and government policies, every child with disabilities is entitled to, as a matter of right, admission in the mainstream schools. Mrs. Kiran Singh thereafter approached Mr. Ashok Agarwal, who had a telephonic conversation with a teacher of the said school namely Mr. Bhupinder (as at that time the Principal was not available) and was assured that the child will be given admission. However, the child has still not been admitted by the school. Mrs Singh has lodged a written complaint with the undersigned, the copy of which is attached with this letter.

It is also submitted that Mrs Kiran was employed as an unskilled worker in a factory earning average wages of Rs. 2000/- per month. It is unfortunate that she has even lost her job because of the fact that for the last one month she has been toiling hard to get her child admitted to the said school. It is submitted that such arbitrary attitude of the school by denying admission to a disabled child is not only unconstitutional but also contrary to the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the UN Convention on the Rights of Persons with Disabilities (2008) read with the provisions of Article 14 (right to equality), Article 21 (right to life with dignity), and Article 21-A (right to education) of the Constitution of India as well as the UN Convention on the Rights of the Child (1989), Salamanca Statement (UNESCO, 1994) and the National Charter for Children, 2003. We request you to kindly take the necessary action in this regard as soon as possible and make sure that Master Vicky gets admission in the said school in Class I. The arbitrary act of the school should be taken seriously and the erring officials should be taken to task.

With regards
Ashok Agarwal, AdvocateAdvisor-
Social JuristM: 9811101923

Differently-abled come out on streets against Education Bill

Disability activists took to the city streets on Monday to protest against the Right to Education Bill. They demanded that the Bill be stalled until it is amended to include provision for disabled children. Protests are being raised against the definition of disadvantaged children, which, at present, includes only SCs, STs and OBCs (along with economically weaker sections) but not the disabled. Even the definition of “school” does not provide for disabled-friendly infrastructure.

“The Bill tabled in the Lok Sabha on July 30 promises to make primary education a right for children between six to 14 years but excludes more than 20 million children with disabilities. The government says it does not have resources to spend on differently-abled children,” said Shampa Sengupta, director, Sruti Disability Rights Centre.  According to the latest census, 18.4 lakh people with disability are in West Bengal but activists say the actual figure can be up to 50 lakh. Differently-abled minors constitute nearly 20 per cent of the disbaled population of the state.  In Bengal, there are 143 state-aided and recognised educational institutions for the disabled. “My daughter, Aparan Bhaduri (31), was mentally-challenged and she could not get school education. The definition of disability in the Bill covers only physical disability and not cerebral palsy and mental retardation,” said Shukla Bhaduri of Jodhpur Park.  “I have a right to education. The Bill marginalises us and if it is passed, many like me will be deprived of their basic right to live,” said Akash Verma (24), a mentally-challenged person.

Express News Service Tags : kolkata, education, bill Posted: Tuesday , Aug 04, 2009 at 0506 hrs Kolkata:

Letter To Shri Kapil Sibal, Minister HRD

Shri Kapil Sibal
Minister of HRD
19, Teen Murti Marg
New Delhi

Sub: Right of children to free and compulsory Education Bill, 2008

Dear Sir,

Members of the Disability Sector- Persons with disability, Professionals, Parents, Activists, and Other People touched by disability – would like to bring to your notice the status of children with disabilities in The Right of Children to Free and Compulsory Education Bill 2008. We hear that it has been passed in the Rajya Sabha and is to be tabled in the Lok Sabha on 30th July, 2009.

The implication of this Bill being passed has grave consequences while addressing the educational needs of all children with disability. There are approximately 20 million children with disability in our country. Less than 2% have access to education. The proposed Bill does not take into account the educational needs of children with disability. We require your URGENT attention to this issue.

India has been one of the first countries to have ratified the Convention on rights of people with disability (UNCRPD)

The UN CRPD advocates the inclusion of children and persons with disabilities in all areas of development.

Article 7 of the UN CRPD states that: “State parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.”

Article 24 of the UN CRPD on Education states that: “State parties shall ensure that persons with disabilities are not excluded from the general education system on the basis of disability and that children with disabilities are not excluded from free and compulsory primary education or from secondary education on the basis of disability.”

We are proud that our country was one of the first to ratify the UN Convention Rights of Persons with Disabilities [UN CRPD] in October 2007. For far too long disability has been seen as a separate issue. With the ratification of the UNCRPD and our government’s policies and plans, the focus on inclusion should not be ignored

Lacuna in the Current Bill – Right of children to free and compulsory Education Bill

  • There is no inclusion of children with disability in the main section defining “children. – Refer Chapter 1, 2d & 2e of the Bill. It defines children belonging to disadvantaged group and weaker sections but excludes mentioning children with disability.
  • Chapter 2 of the Right of children to free and compulsory Education Bill, 2008 states that: “Provided that a child suffering from disability, as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection and Full Participation) Act, 1996 shall have the right to pursue free and compulsory elementary education in accordance with the provisions of Chapter V of the said Act.’

The implications of this are that:

  • Children with disabilities are excluded from the Right to Education Act, an Act that really should cover all children.
  • Not all children with disabilities officially recognized by the country are covered under the Persons with Disabilities Act. It leaves out children with disabilities covered under The National Trust Act for the welfare of persons with Autism, Cerebral Palsy, Mental retardation and Multiple Disabilities 1999.

The system needs to be flexible to absorb all diversities rather than separating children. Therefore the country’s law on the RTE must be inclusive enough to include the right to education of all children and address their specific needs within the system.

Our Expectation from You

We urge you to engage with the Civil Society on this critical issue so that the component of the Bill, which is a very important step for the country, incorporates the spirit and essence of the UNCRPD. The MHRD had committed itself to inclusive education under the National Action Plan on Inclusive Education for children and Youth with Disability.

We request you to stall the passing of the Bill in the current session as it affects the lives of Children with Disability. With the passing of the Bill the children with disability would be divided between MHRD and MSJE.

INDEFINITE DHARNA AGAINST THE NON – INCLUSION OF DISABILTY IN THE RIGHT TO EDUCATION BILL

HUGE PROTEST ON MONDAY, 3RD AUGUST AT 10.30 A.M.  AT JANTAR MANTAR

Dear Sir/Madam,

The Right to Education Bill was tabled in the Lok Sabha on July 30.

On one hand it promises to make primary education a right for children between 6 – 14 years while on the other, it excludes more than 20 million children with disabilities!

Various disabled rights activists tried to get in touch with Mr.Kapil Sibal. But all he had to say was, “Ab Kuch Nahin Ho Sakta”. A lawyer politician flouting the UN Convention on the Rights of Persons with Disabilities that the country has ratified!  A government that harps on inclusiveness claims that it does not have the resources, according to the Minister, to spend on children with disability!

There are some glaring problems in the Bill:

1: Where the Bill defines ‘disadvantaged children’, it talks about SC/ST children and other groups but has no word at all about children with disabilities!

2: Where the Bill defines ‘school’, it does not mention special schools or other infrastructure required for teaching students with disabilities!

3: Where the Bill defines ‘disability’, it takes the meaning as it is given in the Disability Act, 1995. This Act covers people with physical disabilities only. For this very reason The National Trust Act was enacted in 1999 which covers Autism, Cerebral Palsy and Multiple Disabilities. These children are automatically excluded!

Disabled Rights Group (DRG) and all the disability groups in and around NCR are organising a HUGE PROTEST RALLY and INDEFINITE DHARNA on Monday, 3rd August, beginning at 10.30 a.m. at Jantar Mantar. We expect 500 or more disabled people to be there at the Dharna.

We need your best support! Please depute a reporter/photographer/camera crew and help us fight for the rights of millions of disabled children who are being deprived of their right to education.

With best regards,

Javed Abidi

Convenor, Disabled Rights Group

1.8.09