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PENNSYLVANIA RECORD

Sunday, November 24, 2024

Muslim photographer sues Pa. House's GOP Caucus, claims he was discriminated against and fired

Lawsuits
Capitolpa

HARRISBURG – A former employee of the State House of Representatives’ Republican Caucus is suing the body for discrimination, unlawful termination and retaliation, claiming he received prejudicial treatment for his practice of the Islamic faith.

Kalim A. Bhatti of Harrisburg filed suit in Harrisburg federal court on Nov. 9 versus The Republican Caucus of the Pennsylvania House of Representatives, Jennifer L. Jones, John Dille, Stephen Miskin and John & Jane Does 1-10, all care of the Republican Caucus.

The suit states Bhatti emigrated to the United States as a child with his parents and was raised in Harrisburg. After beginning a professional photography career, he came to work for the Caucus as a contractor in late 1997 before starting up with the group full-time in April 1998.

However, Bhatti claims that Jones, his immediate supervisor, “continuously and repeatedly discriminated against [him]” by “saddling him with low pay, a low job title and as many as 100 Caucus members that he was required to cover.” Defendant Jones reports to defendant Dille, the Video Department Supervisor, who in turn reports to defendant Miskin, Caucus Communications Supervisor.

“Plaintiff’s excellent professional reputation was exemplified by the call he received on Sept. 11, 2001 from the Associated Press to cover an airplane down in Western Pennsylvania. Plaintiff covered the AP assignment for two days. Upon his return, he found that Ms. Jones had convinced herself and told others that plaintiff was a terrorist and should be reported to the authorities,” the suit states.

According to Bhatti, the harassment continued when he abided by his religious obligation as a Muslim to pray several times during the day. He states he was interrupted during his prayers by Dille, prior to making it a practice to leave the Capitol building and pray at a nearby mosque. After he began observing his prayer routine, Bhatti says his requests for raises and performance evaluations were “postponed or entirely ignored” for a time.

But after receiving a positive evaluation in 2014, Dille allegedly promised him a raise – which never came. When asked about the raise never arriving, defendant Miskin is said to have profanely laid the blame for that at the doorstep of then-Gov. Tom Corbett. Furthermore, Bhatti says Miskin later supported Rep. Daryl Metcalfe after he made offensive remarks denigrating Jews and Muslims.

When Human Resources leveled complaints against Bhatti, he claims to have prepared evidence refuting the accusations but was not permitted to submit them.

“Simply stated, consistent with her determination that plaintiff was a terrorist and that he angered a religiously-intolerant Mr. Miskin, write-ups were simply a pretext for Ms. Jones to harass, discriminate and eventually get plaintiff fired,” the suit says.

That firing took place on April 30 of this year.

“The Caucus and the other defendants are supporting cast members of a Pennsylvania state capitol culture that avoids hiring minorities in the first place. For the very few who are hired, it then denigrates and humiliates them. Plaintiff has witnessed the fact that of the roughly 600 people employed by the Caucus, only four have been people of color like plaintiff. In fact, plaintiff was the only Muslim.”

The Caucus allegedly committed post-employment retaliation against plaintiff, which includes opposing his obtaining unemployment compensation. Bhatti filed a report with the Equal Employment Opportunity Commission (EEOC) as to these charges and received a right-to-sue letter on Aug. 13.

For counts of violating Title VII of the Civil Rights Act of 1964, the First Amendment to the U.S. Constitution, the Civil Rights Act of 1866, conspiracy to violate civil rights, firing contrary to public policy, false light and negligent supervision of named defendants, the plaintiff is seeking a long list of reliefs.

These include: A declaratory judgment that his civil and constitutional rights were violated by the defendants, back and front pay, compensatory and punitive damages, attorney’s fees and costs, pre- and post-judgment interest, a permanent injunction preventing the covering-up of the events in question or further retaliation,  anti-discrimination training programs for Caucus employees, the expunging of any negative information from his employment record, such other relief as is equitable and just in addition to a trial by jury.

The plaintiff is represented by Mark D. Schwartz in Bryn Mawr.

The defendants have not yet secured legal counsel, per Court records.

U.S. District Court for the Middle District of Pennsylvania case 1:18-cv-02178

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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