by Jorge Gomez • 4 minutes
We have a victory to report for our client Alex Smith, a first responder, pastor and chaplain. The U.S. Court of Appeals for the Third Circuit recently ruled that Alex has a right to receive a religious accommodation at work.
Alex is an Air Mask Technician for the Atlantic City Fire Department in New Jersey. His job is to fit masks on his colleagues and refill air tanks.
A devout Christian, Alex’s faith and conscience require him to wear a short beard, in accordance with his understanding of Scripture and to set a godly example for his congregation. He asked his employer for a religious accommodation from its grooming policy. Because Alex does not fight fires, a beard would have no impact on his coworkers or his ability to safely do his job.
The Fire Department said “No” and never even discussed Alex’s request with him or offered any accommodation.
Last fall, First Liberty argued Alex’s case in the federal appeals court, with our attorney Kayla Toney presenting the argument. The Harvard Law School Religious Freedom Clinic was co-counsel.
Our team explained what the U.S. Supreme Court affirmed in the landmark ruling Groff v. DeJoy, our Faithful Carrier case: employers must accommodate religious beliefs unless they can show a substantial increased cost to the business. The Fire Department, however, could not show any cost that would result from accommodating Alex.
The Court unanimously held that Alex prevailed on his Title VII claim under Groff, because the city failed to show an undue hardship given that “no Air Mask Technician has been called to engage in fire suppression for several decades.”
The Court also upheld Alex’s claim under the Free Exercise Clause, because religious liberty is “our first freedom.” The Court cited our win in Kennedy v. Bremerton School District, finding that people of faith shouldn’t be treated as second-class citizens because they work for the government. Applying the highest constitutional standard to protect Alex, the Court explained, “[t]o apply a standard less than strict scrutiny would falsely suggest that freedom of religion is ‘a second-class right, subject to an entirely different’ and weaker ‘body of rules than the other Bill of Rights guarantees.’”
“We are very pleased with the court’s decision to grant Alex a religious accommodation and respect his religious convictions,” Toney said. “Alex takes both his role as a first responder and his faith seriously. Now, he will not be wrongly forced to choose between the two.”
A Faithful Servant
Central to Alex’s faith is a desire to serve others. His service to the community dates back to 2004, when he started working for the Fire Department.
After 10 years in the department, Alex saw a dire need for chaplains who could come alongside first responders, including police officers and firefighters. He started a chaplaincy program to provide trauma counseling, a listening ear and spiritual support for those who are risking their lives to serve their community.
To this day, Alex continues to serve as the Police and Fire Department’s volunteer chaplain, in addition to his full-time role as an Air Mask Technician.
Alex and his wife also shepherd Community Harvesters Church, a vibrant local ministry, and they recently launched a second location to reach more of their community for Christ. The congregation tends an urban garden next door to their church, seeking to feed elderly neighbors who don’t have access to grocery stores, and to share the love of Christ with their community. The church property also contains a beautifully constructed “tiny house” which is available for neighbors who lack housing.
Thank you for standing strong alongside Alex and First Liberty. Your prayers, encouragement and support have been critical in this battle. We would not have been able to achieve this victory without you.
A Precedent-Setting Victory, But Legal Battles Still Ahead
After years of fighting in court, this victory brings tremendous relief to Alex, his family, their church and their community. But this win is about much more than one man’s beard. The ruling impacts millions of Americans.
The Court’s ruling upholds religious freedom in the workplace and also creates important precedent protecting religious employees so that they can live and work in a manner consistent with their convictions, without fear of being forced to choose between their faith and their livelihood.
Even with this victory, the fight for religious freedom is far from over. Many employers continue defying the law and the Supreme Court by punishing, harassing or even firing workers over their religious beliefs.
First Liberty is in the midst of intense legal battles to stop workplace discrimination—including ongoing cases for:
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