by Jorge Gomez • 3 minutes
Great news for our client, Alex Smith, a first responder, pastor and chaplain in Atlantic City, New Jersey!
This week, First Liberty, the Harvard Law School Religious Freedom Clinic, and Beldock Levine & Hoffman LLP reached a favorable settlement that secures Alex’s right to wear a beard on duty as an expression of his faith. Alex is an Air Mask Technician for the Fire Department. 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. He asked his employer for a religious accommodation from its clean-shaven policy. The Fire Department said “No” and never even discussed Alex’s request with him or offered any accommodation.
Last May, we secured a major victory for Alex. A federal appeals court ruled Alex has a right to receive a religious accommodation at work, and that the Free Exercise Clause protects his religious freedom, which is not a “second-class right.”
In accordance with the settlement agreement, the Fire Department will update its Operational Guidelines to follow the Supreme Court precedent in Groff v. DeJoy, our Faithful Carrier case involving postal worker Gerald Groff. That landmark ruling strengthened the right of employees across the country to receive religious accommodations.
When reviewing accommodation requests, the City will have to “grant the accommodation unless it would pose a substantial increased cost to its operations.”
In addition to this significant policy change, the City will pay $400,000 to Alex and his attorneys. It will also pay for him to receive his full salary and benefits while on authorized absence until his retirement.
And to protect religious freedom in the future, the City will implement a religious diversity training component for Fire Department leadership, which will include the EEOC Guidelines on Religious Discrimination, and will administer this training annually.
“This victory for Alex reflects the important precedent he set for all first responders at the Court of Appeals for the Third Circuit,” said Kayla Toney, Counsel at First Liberty. “We are very pleased with the favorable terms of the agreement, which secures our client’s religious liberty and financial future.”
Joshua McDaniel, Assistant Clinical Professor of Law at Harvard Law School and Faculty Director of the School’s Religious Freedom Clinic, said, “Americans of all faiths should be free to live out their convictions without fear in the workplace, and this precedent significantly strengthens their ability to do so.”
“This settlement stands as a firm reminder that our Constitution protects the right of every citizen to live and work according to their conscience,” said Luna Droubi, partner at Beldock Levine & Hoffman LLP. “No one should be forced to choose between their faith and their livelihood.”
Legal Battles Still Ahead: Workplace Discrimination Remains a Serious Problem
After years of fighting in court, this settlement brings tremendous relief to Alex, his family, their church and their community. Even with this victory, the fight for religious freedom is far from over.
First Liberty is in the midst of intense legal battles to stop workplace discrimination—including ongoing cases for:
Your support makes a tremendous difference for our clients. A timely gift today can make a big difference. Join the fight for faith and help us deliver freedom for those who are still fighting to have their rights restored.
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