Court rules on religious accommodation in fire department beard policy

Goldberg Segalla partner Caroline J. Berdzik provided insights in a Law360 article regarding a Third Circuit decision on religious accommodation requests by employers. The article, authored by Amanda Ottaway and titled “3 Lessons From 3rd Circ. Reviving Fire Dept. Beard Battle,” discusses the case of Alexander Smith, a Christian fire department worker who challenged Atlantic City’s no-beard policy.

The court partially reinstated Smith's Title VII and First Amendment suit, suggesting that the department could have accommodated his request by removing him from firefighting duties since he primarily worked as an air mask technician. Berdzik commented on the importance of specifics in such cases: “All these cases, a lot of times, turn on the specifics,” she said.

Berdzik highlighted issues with inconsistent application of exceptions to policies, noting that allowing other exceptions undermines arguments against religious accommodations. She stated, “If there could potentially be an exception to this, it calls into question whether the religious reason could have been accommodated if you’re affording other accommodations that are not based on someone’s protected religion.”

The article also emphasizes the risks associated with blanket policies and suggests that employers should document specific safety risks when considering grooming standards for firefighters. Berdzik advised employers to involve human resources and legal counsel when handling accommodation requests.

Caroline Berdzik is known for her work helping businesses navigate employment law issues across various industries.