Edmonton — A Sikh owner of several Alberta Subway sandwich shops said Thursday that he has been discriminated against by the franchise after representatives told him he couldn't wear his turban while serving customers.
Hardip Singh Brah, 56, told a news conference in Edmonton that a local Subway representative called his religious head covering "a diaper on his head" and forbade him from wearing it.
“It was a very, very poor comment he had,” Mr. Brah said. “Very bad language has been used on my turban. He said I cannot wear a diaper on my head . . . That is very bad.”
Mr. Brah, who was run Subway franchises since 1991, filed a complaint with the Alberta Human Rights Commission. Last month investigators upheld it, calling Subway's policy discriminatory and suggesting that he be awarded $6,500 in damages.
The confidential 15-page report is not legally binding, and commission members will make the final ruling. However, it has given Mr. Brah hope that the policy will be overturned and that all Sikhs will be permitted to wear turbans while serving customers sandwiches and soup.
“I have been 13 years, with no problems with any customers at all,” Mr. Brah said Thursday. “They're very happy with me and we don't have any problems.”
Mr. Brah's troubles began three years ago when a local Subway field representative visited one of the independently owned shops he operated in Edmonton, Westlock and other small towns near Edmonton to ensure he was complying with company standards. He said he was told that the turban "did not present a professional image" and that he was supposed to wear a black hat or visor. As a devout Sikh, Mr. Brah cannot cut his hair, and must cover his head.
Later, in a phone conversation, he said, a Subway representative referred to Mr. Brah's turban as a diaper. Subway has denied that the comment was made.
Mr. Brah complained to Subway about the dress code and asked for an apology. Instead, he received more reprimands. Finally, he said he had to sell several of his Subway shops after being found "out of compliance" on the issue of dress code. He now owns four shops.
He stopped serving customers and entered by the back door of the store, leaving day-to-day operations to his employees.
He's hoping for a public apology from the company and a change in their policy.
Shirish Chotalia, his lawyer, said on Thursday: "On some occasions they, in quotes, caught him behind the counter with his turban. So then they of course marked him out of compliance in the reports saying you're not in compliance with the uniform requirement."
On Wednesday she said the company told him he could wear only the approved head coverings. "They said: 'The image your store portrays is affected by many factors and no one factor assures success, but it is staying on top of many things. Uniforms present a consistent, professional image for the chain,' " she noted, quoting from company correspondence.
A media spokesman with Subway's corporate headquarters in Connecticut said Wednesday he could not comment on the case. "Generally, we have a dress code so there is a consistent look," Kevin Cane said. "Decisions about dress code are made in head office." He could not say whether the policy forbidding turbans extends to Subway franchises in Bahrain, Pakistan and other Muslim countries.
With files from Marina Jiminez
