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What should I do if I believe that TSA screeners discriminated against me on the basis of my religion and/or ethnicity?
My brother and I were born in the US, we’re young (late 20s) Muslims who dress in the traditional manner of our religious culture. Our vacation was ruined last month because we were not allowed to get on our flight to Miami. We got to the security checkpoint and were told that we had to remove our head coverings. We told the TSA officers that we could not do so for religious reasons. They took us back to an office in the security checkpoint area and told us that we would be arrested if we did not cooperate. So we took off our kufiya but they still questioned us for about a half-hour about our where we were born, our religious beliefs, whether we have ever been to any middle eastern countries, did we have any friends or family who had been investigated by the government, etc. By the time they let us go our plane was gone. The airline offered to put us on a flight that left 4 hours later, but that was too late for us to make the cruise we were going on. We lost all of the nonrefundable money we paid for the cruise and everything associated with it. What can we do about this? Do we need a lawyer?
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Answers (1)
The conduct of the TSA personnel certainly seems to have been contrary to federal laws and regulations that prohibit discrimination and guarantee respect for religious and cultural customs during airport security screenings. According to TSA, “[a]ll members of the traveling public are permitted to wear head coverings (whether religious or not) through the security checkpoints. The new standard procedures subject all persons wearing head coverings to the possibility of additional security screening, which may include a pat-down search of the head covering. Individuals may be referred for additional screening if the security officer cannot reasonably determine that the head area is free of a detectable threat item. If the issue cannot be resolved through a pat-down search, the individual will be offered the opportunity to remove the head covering in a private screening area.”
Your screeners appear to have violated TSA policy by failing to seek your permission for a pat-down search at the security checkpoint before they detained you for the private screening and questioning. You should consult with an experienced civil litigator (a civil rights specialist if possible) before you make any further statements to the airline or any government entities. Your attorney can tell you if you have possible civil causes of action and/or federal civil rights claims against TSA for damages associated with your missed vacation. Your attorney could also help you use administrative remedies to recover your lost money – for example, perhaps your remedy could be obtained through complaints to the Department of Homeland Security and/or TSA’s Office of Civil Rights.
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Posted by Jamilla Moore on 28 Jan 2010
2people found this useful
(3 Votes)