LAS VEGAS, NV — As an observant Orthodox Jew, Steve Riback must cover his head and abstain from shaving. As a detective in the Metropolitan Police Department, he is prohibited from wearing a cap or beard.
Jewish Detective sues Police
LAS VEGAS, NV — As an observant Orthodox Jew, Steve Riback must cover his head and abstain from shaving. As a detective in the Metropolitan Police Department, he is prohibited from wearing a cap or beard.
The conflicting roles lie at the heart of a federal lawsuit filed this week by Riback, a nine-year veteran of the department who contends he is experiencing religious discrimination on the job.
“I just never thought in my wildest dreams it would have gotten to this point,” Riback said Wednesday. “That’s for certain.”
The 31-year-old detective said he tried repeatedly to meet with his superiors and negotiate a compromise before resorting to litigation.
“This is a result directly of their actions, or their inaction to handle the matter correctly,” he said.
Attorneys with the American Civil Liberties Union of Nevada, who are representing Riback, are seeking a preliminary injunction that would prohibit police officials from disciplining the detective for wearing either a short beard or a yarmulke at work. A yarmulke is a skullcap worn by Jewish men and boys.
“He has now been going to work for almost seven months with no beard and no head covering in violation of his religion, and is daily suffering irreparable harm to his emotional and spiritual well-being, and his constitutional rights,” the lawsuit alleges.
Liesl Freedman, the Police Department’s general counsel, said she had not seen the lawsuit but did not wish to comment on pending litigation. Regarding the department’s policies, she said: “It’s a paramilitary organization, and we remain religion-neutral. And that’s important.”
Riback disputes the assertion that the department is religion-neutral. Until recently, he said, the department allowed uniformed officers to wear an International Fellowship of Christian Police Officers pin that featured an open Bible.
Shortly after Riback pointed out the contradictory policies, he said, department officials decided to prohibit officers from wearing the pin.
Attorney Allen Lichtenstein said neither Riback nor the ACLU asked for the ban. Riback said the policy change has put him in an uncomfortable position with his co-workers.
“My immediate colleagues are very supportive, but there’s certainly a stigma and a monkey on my back,” he said.
Under the law, Lichtenstein said, an employer must reasonably accommodate an employee’s religious practices unless the employer cannot do so without undue hardship.
Riback said his religion did not conflict with his job when he began working for the department.
“Within the past five years or so, I progressively became more and more observant,” he said.
During that time, Riback was assigned to the department’s vice squad, where he wore a beard and baseball cap as part of his undercover disguise. His appearance did not become an issue until October, when he was transferred to his current job with the office of quality assurance. Riback’s lawsuit describes the new position as a “non-uniformed desk job with little or no interaction with the public.”
For his first few weeks in the new position, according to the lawsuit, Riback wore a yarmulke and a close-cropped beard that was shorter than the one he wore in his undercover position.
“At the time, Metro had a personnel policy that prohibited all officers from wearing beards but provided for waivers for officers who must wear facial hair for medical reasons,” according to the lawsuit. “Detective Riback is personally aware of several officers with beards who work a uniformed duty.”
Riback knew of no policy at the time that “forbade the wearing of hats by non-uniformed officers under any circumstances,” according to his lawsuit, and uniformed officers were allowed to wear baseball caps with some restrictions. In May, according to the lawsuit, the department changed its “civilian clothing” policy to forbid the wearing of any hats while indoors.
Not long after starting his desk job, according to the lawsuit, Riback was instructed to shave his beard. He did, but he submitted a request to the department’s diversity director for a religious accommodation to wear a “neat beard.” Also, he inquired about his right to wear a yarmulke.
According to the lawsuit, Riback’s request to wear a beard was denied, and he was informed for the first time that he was not allowed to wear a yarmulke. Riback said he later asked for permission to wear a plain baseball cap, but that request also was denied.
“What Steve is asking for is very, very limited,” Lichtenstein said.
Riback said the head covering serves to remind Orthodox Jews that God is always above them, and Orthodox Jews believe the Hebrew Bible forbids shaving one’s face.
Lichtenstein said Riback has “scrupulously complied” with the decisions of department officials, “even though he feels his rights were violated.”
“He is trying to vindicate his rights through proper channels,” the lawyer said.
Gary Peck, executive director of the ACLU of Nevada, described Riback as a “stellar police officer” committed to a career in law enforcement.
“This is exactly the kind of guy that the department should be doing everything in its power to keep and advance,” Peck said.
The lawsuit names Sheriff Doug Gillespie, Capt. Stavros Anthony and Walter Norris, director of the department’s office of employment diversity, as defendants. In addition to its claim of religious discrimination, the lawsuit accuses the defendants of retaliating against Riback for complaining about the discrimination.
“The clumsy way Metro handled officer Riback’s case is deeply disappointing,” Peck said. “It indicates that whatever progress has been made at the department concerning diversity issues, it still has a long way to go to live up to its own professed ideals.”
Yossi Berkowitz
Steve, i hope you win against the forces that have tried holding our people back for generations.
i had a great time in israel with you, especialy in massada.
may you win and keep strong.
Yossi
elchonon
Its like a evil to battle evil eh? we all know very clearly just how bad the ACLU is.. just ask the shluchim fighting them..
Its funny how a originzation best known with stamping out G-d and religion is going to help a frum jew fight for his rights.
Let us not for a minute forget the evil of the ACLU our modern day hellinists.
gmoish
Big Kiddush Hashem!
Klal Yisroel Loves You!
kl
i was just wondering, this detective was going without a kippa for the last 7 months, so if the job is more important than the kippa, so why all the fuss now?
yirmiand chani knight
we are with you steve!
your old time friends,
yirmi and chani knight
Gershon Shapiro
In response to kl what is the difference why now? & did you really read the article. It is shocking to say the least that of all organizations The ACLU is helping him. the ACLU known as anti religion anti G-d anti morals etc. Miracles do happen! In any case The detective should alout of Hatzlocha & never give up!
dovid gold
mendy harlig is the shliach, chabad of henderson! he rocks!!!!
steve keep it up
Aaron
I think you all watch way too much bill oreily…. its easy to take a few examples and generalize the whole ACLU as antireligious… ill find you many examples of them fighting for religious rights….
menashe
kl,
that’s like saying, "I wasn’t frum all my life, why should I go out of my way to do it now." Certainly not a chassidishe, much less yiddishe thing to say.
shlomo lazarus
Kiddush Hashem is a unbekievable opportunity that we don’t seek. Hashem presents it to specially endowed people who recognize the call. Disregard how the yeshuah will come, but it will. Chazak veyematz and speak to your Rabbi about taking on something special to protect yourself. Keep the Rebbe informed on a daily basis.
We are all vey proud of you. Shlomo, Yona and Lazarus Family
Avraham Granat
KL, a guy is trying to incorporate a bit more frumkeit into his life and you ask your question???????
Al todin es chaveirecha ad shetagiya limkomo.
I know Steve personally and let me tell you that it would be hard to find someone who is genuinely trying so hard to grow and this is impeding him. He is doing his best in his situation on the advice of a mashpia in Vegas.
Maybe a bit more don lekaf zechus before Rosh Hashana
Rock on Steve
MVH
The ACLU has a strong record of supporting individual religious practises. This is not at all out of character. As much as they oppose any hint of public endorsement of religion they support each person’s right to practise privately, including while working in a public job. So long as it’s clear that it’s the individual policeman, and not the police department, who’s making the religious statement, the ACLU will be on board. The minute it looks like it’s the police department supporting religion (e.g. if they made a religious symbol part of the uniform) then the ACLU will be on the other side.
MVH
I don’t think it helps them that they banned the Xian pins after Riback pointed out the inconsistency. The fact that for so long they did allow it and nobody complained, means that there was no good reason to ban it, and the new ban is arbitrary. The standard isn’t strict scrutiny, so if they’d never had a policy allowing religious symbols a court couldn’t force them to allow it now, but they’re not allowed to be arbitrary. They’d have to explain why it was OK until recently, and what changed to make it not OK. If all they can say is "we realised that if we allow the Xian pin we will have to allow everybody", the court will just say "so why not allow everybody?".
to menashe
think about it this way: if you were frum all your life , and then your job doesn’t permit you to wear a yarmulka, what would you do? we are not talking about someone who is BECOMING frum…
KL
Avraham Granat
KL
Yes we are talking about someone who is becoming frum
Steve Riback
Thank you to all who have taken the time to write comments in support of my lawsuit. Chabad has been very good to me and helped fuel my passion for Judaism as a ba’al teshuva over the past several years. I am forever grateful to the wonderful Shluchim all over, especially in Las Vegas (and those who have recently moved to the Milwaukee area). Please continue to spread the word and support all Jews, we have enough people who are against us. Let’s unite and bring Mashiach speedily in our days. Thank you again and be well…Shaul Shmuel (Steve) Riback
Avraham Granat
Luv Ya Shmulik
From the Milwaukee branch of the family
dennis thurman
i have had that very thing happen to me and of course i lost my job for my rocking the boat.shalom
stonah adah
You are doing great steve! From a fellow Green Valley Chabad,
shalom to everyone around the world.