(Trinidad Express) An estate constable with the Airports Authority of Trinidad and Tobago (AATT) has retained the services of senior counsel to fight an alleged case of discrimination because of his hairstyle.
The constable, Joshua Wallace, has hired former attorney general Anand Ramlogan and attorney Jared Jagroo to file a freedom of information request to Hayden Newton, general manager of the Airports Authority (AATT), seeking information on its policy relating to the appearance and attire of estate constables while on duty.
That decision was taken after Wallace was issued with a warning that he should cut his hair or else he would be facing disciplinary action for non-compliance.
In addition to its policy, the attorneys are also asking for disclosure of the names of all estate constables who have been made to face disciplinary action due to their failure to comply with the policy and the outcome of those disciplinary actions for the period 2006 to 2020.
Copies of all correspondence, investigative reports, findings and recommendations in the possession of the AATT regarding Wallace on his alleged non-conformity with the policy on appearance and attire of estate constables have also been requested.
Should the AATT fail or refuse to disclose the information, the attorneys warned that an application for judicial review would be filed at the High Court.
According to the letter, last month Wallace was given a memorandum stating that he was required to conform to the Police Standing Order 6 or face disciplinary charges.
Wallace, the letter which was issued last week stated, informed his superiors he was a Black Jew and a follower of the Old Testament and the teachings of the Twelve Tribes of Israel.
“As a staunch believer of the tenets of those tribes, our client is required to grow the locks of his hair, similar to those members of the Rastafarian faith,” the attorneys said.
Disciplinary action
They added that Wallace, who is also the vice-chairman of the Estate Police Association (EPA) local branch board, reported for duty on April 23. In full uniform, paraded with the security force and was dispatched for traffic duty.
Shortly after, during a meeting with the inspector of operations, he was told to remove his headdress for inspection, and if he did not, he would be disciplined.
He complied and was later told that his hairstyle was in breach of the Police Standing Order. The next month, he was issued with the memorandum.
The attorneys said any policy that seeks to compel a person to cut off their hair that is worn for religious reasons can amount to breaches of their constitutional right to freedom of conscience and religious belief and observance.
“Moreover, we consider policies or practices that discriminate against hairstyles to be a deleterious form of racial discrimination. Such a policy is designed generally to prohibit or restrict non-Eurocentric hairstyles in the name of ‘professionalism,’ and can be traced to our societies’ roots in colonial white supremacy,” they wrote.
Additionally, they pointed out that over the past 14 years during which Wallace had been employed at the AATT, his hair had never been an issue and he had seen officers from different religious persuasion wearing religious items and many officers, both male and female, wear their hair in similar styles.
“He has also observed an officer with a Rastafarian hairstyle be promoted to the rank of corporal without any complaint of a violation of any policy on appearance and turnout. Several officers of the Hindu faith are also allowed to sport a ‘churki’ or long lock of hair grown from the back of the head worn by Hindus performing the last rites of family members,” the letter added.
“This is a clear indication that our client is being unfairly victimised because of his religious belief and practice. Our client believes that part of the reason for this discriminatory treatment is on account of his position as vice-chairman of the local branch board of the Estate Police Association.
During his tenure, our client has been subject to several attacks under the guise of disciplinary charges, the most recent being his suspension together with other EPA members for attending a press conference which highlighted security issues at the AATT,” the letter stated.
It added that the keeping of a braid to the top of his head was a non-issue since it is well concealed by his headpiece which formed part of his uniform. The visible parts of his head are always short and neat in keeping with general professional standards.
“In fact, our client’s superiors were not concerned with his hair until he began to attend meetings in his capacity as vice-chairman of the EPA local branch board during which, he would remove his uniform headpiece,” the letter stated.
