Summary of facts: Alexander Smith is a devout Christian and ordained minister who works as an Air Mask Technician for the Atlantic City Fire Department. He believes that his faith requires him to wear a short beard as an expression of his faith. Fire department policy prohibits beards of any length. The purported reason for the policy is to ensure that all service members can wear protective face masks as required by their role. Mr. Smith’s role with the fire department is entirely administrative. He is not required to fight fires or wear an air mask. Hence, Mr. Smith’s beard does not pose a safety hazard to himself or others. The City refused to grant his religious accommodation request. Smith sued the City of Atlantic City in the U.S. District Court for the District of New Jersey under the Free Exercise Clause. The court ruled against Smith, finding that accommodating Smith would be an undue hardship for the fire department because Mr. Smith could – hypothetically – be needed to fight a fire in the future. Smith has appealed to the U.S. Court of Appeals for the Third Circuit.

RFI’s position: The court of appeals should reverse the decision of the district court and find in favor of Smith. Other employers—including those in the emergency services industry, like the New York City’s fire department—have found ways to accommodate beards.  The ACFD’s rigid, no accommodations approach is therefore behind the times and risks undermining recent progress in this area.

Read the amicus brief here.