Can An Employer Ban Beards for Safety Reasons?
Firefighters protect lives every day, but what happens when one of them wants to wear a beard for religious reasons and their employer says no? That’s the religious discrimination issue at the center of Smith v. City of Atlantic City, No. 23-3265, 2025 WL 1537927 (3d Cir. May 30, 2025), a case where the United States Court of Appeals for the Third Circuit held that an employee might be entitled to a religious accommodation under Title VII of the Civil Rights Act of 1964 and the Free Exercise Clause.
Alexander Smith, a Christian firefighter, believed that growing a beard was part of his religious practice. But the City of Atlantic City had a grooming policy requiring firefighters to be clean-shaven to ensure a proper seal on self-contained breathing apparatuses (SCBAs). Smith hadn’t actively engaged in fire suppression since 2015 and served as the City’s only Air Mask Technician, a position that typically operates away from hazardous areas.
Despite this, the City denied his request to keep his beard and suspended him after a storm response incident. Smith sued under Title VII and the First Amendment. The District Court granted summary judgment to the City, but the Third Circuit reversed on Smith’s religious accommodation and Free Exercise Clause claims. Let’s take a deeper dive into the reason why.
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What Is The Religious Accommodation Standard Under Title VII And How Can Employees Prove It?
Under Title VII, a religious accommodation is a change to a workplace rule or requirement that allows an employee to practice their faith without penalty. Common examples include modifying schedules to observe the Sabbath, permitting religious dress or head coverings, and allowing exceptions to grooming standards such as wearing beards. Employers are required to provide these accommodations unless doing so would cause an undue hardship.
To establish a claim under Title VII, the employee must first show three things: (1) they hold a sincere religious belief; (2) that belief conflicts with a workplace requirement; and (3) they were subjected to an adverse employment action as a result. Once these elements are met, the burden shifts to the employer to demonstrate that granting the accommodation would impose an “undue hardship”—clarified by the Supreme Court in Groff v. DeJoy, 600 U.S. 447 (2023), to mean a “substantial” burden in light of the employer’s specific business operations, not merely a minimal inconvenience.
In Smith’s case, the Third Circuit held that the City failed to show a substantial hardship. Smith had not engaged in fire suppression in years, and concerns that his beard might interfere with the SCBA were speculative. Most importantly, the City never even attempted to fit test Smith with a beard, missing the opportunity to explore whether an accommodation could work in practice. With no concrete evidence of hardship, the City fell short of meeting its burden under Title VII.
The decision in Smith underscores that employers—even government employers—must take religious accommodation requests seriously. The Court was clear that simply citing safety concerns isn’t enough. Employers must consider the actual job duties, real risks, and whether any exceptions already exist. Religious freedom is not just a private right—it’s a workplace right too.
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What Are Common Examples Of Religious Accommodations At Work?
Employees may request religious accommodations for a wide variety of reasons. For example, Muslim employees may request prayer breaks or time off for Friday prayers. Jewish employees may seek schedule changes to observe the Sabbath or holidays. Sikh employees may request exceptions to grooming rules for uncut hair or turbans. Christian employees might ask for Sundays off or permission to wear religious symbols. These are all common and reasonable accommodation requests under employment law, and employers are expected to grant them unless doing so would create an undue hardship.
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Can You Get An Injunction To Stop Religious Discrimination At Work Before You Are Fired?
Employees who are facing religious discrimination or denial of accommodation do not have to wait until they are wrongfully fired to take legal action. One powerful tool in employment law is injunctive relief – which can be sought long before a wrongful termination. An injunction is a court order that directs the employer to stop a specific action—or in some cases, to take a specific action—before the case is fully resolved. For example, if an employee is about to be suspended or terminated for refusing to violate their religious beliefs, they can ask the court to issue a preliminary injunction to prevent that discipline while the case proceeds.
In the Smith case, while the Third Circuit focused on whether the complaint stated a claim under Title VII and the First Amendment, similar plaintiffs can seek injunctive relief to preserve their position or prevent ongoing harm. As the Court explained, “Smith alleged facts that plausibly support his claim that the City’s grooming policy was not generally applicable and that it burdened his religious practice without sufficient justification”—the kind of scenario where injunctions might apply to stop unlawful action before irreparable harm is done.
Courts consider several factors when deciding whether to grant an injunction, including the likelihood of success on the merits, the risk of irreparable harm, the balance of harms between the parties, and the public interest. If the employee can show that they are likely to succeed and that the loss of a job or violation of their faith cannot be undone, they may be able to stop the employer’s actions temporarily with an injunction.
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What Is The Free Exercise Clause And How Did It Apply To Religious Discrimination In The Workplace?
The Free Exercise Clause of the First Amendment protects religious practices from government interference, but this protection only applies to public-sector workplaces. In other words, only government employees can assert rights under the Constitution against their employers. This is because constitutional restrictions apply solely to state actors—not private individuals or entities. A private employer, for example, cannot violate the Free Exercise Clause because it is not the government. For private employees, protections come from statutes like Title VII of the Civil Rights Act, which prohibits religious discrimination and requires accommodations.
Government employees, however, still retain constitutional protections. If a government policy restricts religious expression and is not both neutral and generally applicable, courts will apply strict scrutiny. That means the government must prove the policy furthers a compelling interest and is the least restrictive means of achieving that goal. In contrast, private employees cannot bring constitutional claims and must rely solely on statutes like Title VII.
Because the City of Atlantic City is a government entity, Alexander Smith was entitled to bring a Free Exercise Clause claim in addition to his Title VII claim. The Court of Appeals for the Third Circuit held that the complaint stated a viable Free Exercise claim. It explained that if a government workplace rule allows for any exceptions—whether formal or informal—it is not “generally applicable” and must therefore meet the test of strict scrutiny. That means the rule must be narrowly tailored to serve a compelling government interest.
Here, the Court found that Atlantic City’s policy failed that test. Captains could approve deviations from the grooming policy, and administrative employees were exempt from the SCBA fit test entirely. Those carveouts undermined the City’s claim that the policy was applied uniformly. As a result, the Court concluded that the grooming policy was not generally applicable, and that the City failed to justify it under strict scrutiny.
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Why Should Religious Employees Choose Spitz, The Employee’s Law Firm?
Are you searching for answers to “How can I best protect my religious rights at work?” Spitz, The Employee’s Law Firm is one of the largest firms in the United States dedicated solely to employee rights, including cases involving religious discrimination and religious accommodation. With our vast trial experience, free initial consultation, and no fee guarantee, we are uniquely positioned to help employees fight back against workplace discrimination. Our team of experienced employment attorneys understands how to apply complex employment law protections—such as Title VII and the Free Exercise Clause—and how to present your case clearly and powerfully. If you’ve been wrongfully fired, denied religious accommodations, or face other forms of discrimination, don’t wait. Call the best employment lawyers at Spitz today to protect your rights.
Employment Law Attorney Disclaimer:
This employee’s rights blog provides general information about employment law, religious discrimination, religious accommodation, and other workplace protections. It should not be taken as legal advice for any individual case or circumstance. If you are an employee facing discrimination, retaliation, or wrongful termination, or have been denied religious rights at work, you should speak with a qualified employment lawyer. No guarantees are being made. This blog is a legal advertisement by Spitz, The Employee’s Law Firm.