Beards threaten safety, but court lets employees keep them
April 27, 2009 by Sam NarisiPosted in: In This Week's E-Newsletter, Job screening tests, Latest News & Views, Law
Companies often have specific dress or grooming standards employees need to follow, either for safety or appearance reasons. But what happens when a new hire says he can’t follow the rules because of his religion?
That issue came up in a recent lawsuit brought by a group of Washington, D.C., firefighters. All firefighters were required to be clean shaven to ensure their respirator masks fit properly.
Firefighters used the respirators to breathe when a fire created a lack of oxygen. To work properly, the devices must fit tightly against the skin; any gaps caused by facial hair could disrupt the supply of clean air.
Several firefighters who wore beards for religious reasons refused to shave and asked for an exemption from the policy. The department refused.
So the employees sued, claiming they were unfairly denied a religious accommodation. The fire department countered that the policy was necessary to keep employees safe.
The problem: Two types of respirators were used, depending on the situation. Only one posed a safety risk for bearded employees.
The court ruled the firefighters with facial hair could reasonably have been deployed only where they could use the other respirator. Therefore, it was possible to exempt them from the policy.
Cite: Potter v. District of Columbia
May 1st, 2009 at 1:44 pm
I have a hard time with this court decision. So the bearded firefighters can only be deployed in situations that require them to wear a respirator that does work for them. In comparison how often does this occur? If it is the other situation and they cannot don the beard invasive respirator, do they then sit at the firehouse while the rest of the crew puts their lives at risk or do they only operate a fire hose? What happens if there are absences of the firefighters that can wear either mask and one of the bearded firefighters are required to help out? What happens when people are screaming and burning and he cannot wear the proper respirator? Does his religious belief protect him from their maker for not helping a fellow man that needs help and will die without it? Then their religious belief can prevent them from helping to save lives and property. If they cannot do the full job based on their personal choices of religious beliefs then I think it is fair that they are not paid the full pay as they are not exposed to the same “risk of life” as the other firefighters are. What about a fellow firefighter trapped in a burning building that needs rescue? I would hate to think one of these guys has my back when they cannot wear all of the required safety equipment.