Employers are prohibited from discriminating against employees, or prospective employees on the
basis of religion, pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C, Section 2000(e),
et seq. See http://www.eeoc.gov/types/religion.html.
Currently, the most targeted religious group for discrimination in this country is Muslims. Muslims
are often referred to as the "new African-Americans" due to the abundance of discrimination and
stereotyped fears against them.
Hussain v. Principi, Appeal No. 04-5417. The firm is currently handling a religious discrimination
case before the U.S. Court of Appeals for the D.C. Circuit, appealing from the District Court's
decision at 344 F. Supp. 2d 86 (D.D.C. 2004), at www.dcd.uscourts.gov/district-court-2004.html .
Dr. Mohammed Hussain is an East Indian, brown-skinned Muslim. Dr. Hussain served as an
oncologist for the Veteran's Administration for 23 years. He is a U.S. citizen. Dr. Hussain raised his
five children in Maryland. His wife is a psychiatrist.
Despite his substantial achievements in life, his charity work, and his devotion to his healing
profession, the VA would not permit him to rise to the level of Chief of his Division. Instead, the VA
held Dr. Hussain in the position of "Acting Chief," without comparable pay, for four years, in violation
of government regulations restricting acting positions to ninety days. Dr. Hussain has offered
evidence that the hospital was blatantly and oddly divided on the basis of religion -- with alliances and
divisions based on Judaism, Hinduism, Catholicism and anti-Muslum sentiment.
Despite excellent evaluations for nineteen years, Dr. Hussain was forced into retirement after years of
harassment after his immediate supervisor retired. Although his supervisor's retirement left Dr.
Hussain as the "heir apparent" to the position of Chief of the Division, the VA only allowed Dr.
Hussain to view the Chief's position through the "glass ceiling" under the Deputy Chief's position, but
refused to appoint him his rightful position or to acknowledge him as Chief while he performed the
duties of the job for four years.
Unfortunately, Dr. Hussain's right to discovery was compromised by his former counsel. Ms. Martin
entered the case at the District Court level shortly before the Court granted summary judgment to the
VA, accepting the self-serving affidavits of the discriminating officials as fact, without discovery or
cross examination. Cross motions for summary decisions have been filed and are pending. If both
parties' motions are denied, the issues will be fully briefed and amicus curiae briefs are anticipated.
See:
Dr. Hussain's Motion for Summary Reversal
Dr. Hussain's Reply to VA's Opposition to Summary Reversal
| Law Offices of Dawn V. Martin Religion |
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