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Toriano Porter

Young Muslim woman didn’t deserve hateful treatment from her manager at work

Areej Saifan was the target of religious harassment while she worked at a Chipotle Mexican Grill in Lenexa.
Areej Saifan was the target of religious harassment while she worked at a Chipotle Mexican Grill in Lenexa. The Star

Areej Saifan didn’t deserve to have her hijab violently yanked from her head by a co-worker at a Chipotle Mexican Grill in Lenexa, as authorities allege.

Kevin Silva-Garcia of Olathe was charged Thursday with battery, according to Lenexa police. But the 26-year-old now former assistant manager at the restaurant is fortunate law enforcement officials didn’t pursue much more serious charges after his alleged actions.

He is accused of removing from Saifan’s head a religious head covering after repeatedly being told no, he couldn’t see the young lady’s hair.

Muslim women around the world wear hijabs to cover their heads as an act of modesty. It is a sacred religious belief. Why was that so difficult for Silva-Garcia to understand? Attempts to reach him for comment were unsuccessful. But no means no. In a work environment, or anywhere else, people’s rights and space must never be violated. Harassment and intimidation is beyond unacceptable. If it occurs, quick action must result.

Saifan doesn’t feel the Aug. 9 incident at the restaurant in the 16100 block of 87th Street Parkway in Lenexa was handled correctly from the onset.

“Someone took off a piece of clothing that is sacred to me,” she said.

Evidence suggests Saifan’s claims have merit, according to Lenexa authorities. The young lady contacted police four days after the alleged incident and told investigators she felt her co-worker’s actions were criminal, rude and insulting to her religious beliefs.

“I felt exposed,” Saifan said. “And humiliated.”

Worse, after reporting what happened to management and resigning the next day with two weeks notice, Saifan was asked to transfer to another store so she wouldn’t get fired, according to a complaint filed on her behalf with the Equal Employment Opportunity Commission.

She wondered why she had to relocate and wasn’t scheduled again after the alleged battery.

Silva-Garcia was fired two weeks ago but no one bothered to inform Saifan, who only found out about the termination after the EEOC complaint for workplace harassment and intimidation was filed, said Moussa Elbayoumy with the Council on American-Islamic Relations in Kansas, which is working with Saifan to help her find justice.

In Kansas, battery is defined as “intentionally causing physical contact with another person when done in a rude, insulting or angry manner.”

Silva-Garcia’s actions were criminal, according to Lenexa detectives. He has a court date in September and is presumed innocent. But his behavior, it proven true, was outright hateful, wrong and against the law. If found guilty of the class B misdemeanor in which he is charged, the penalty for Silva-Garcia ranges up to one year in jail and a $1,000 fine.

Silva-Garcia is lucky to possibly face only minimal jail time. Lenexa authorities must send a message that violently removing someone’s article of clothing is a serious crime with lifelong consequences for victims such as Saifan. A suspect such as Silva-Garcia could end up with a criminal record and ruin his life in the process as well.

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Toriano Porter
Opinion Contributor,
The Kansas City Star
Toriano Porter is an opinion writer and member of The Star’s editorial board. He’s received statewide, regional and national recognition for reporting since joining McClatchy in 2012.
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