Court rules in favor of DC firefighters in religious beard dispute

A group of D.C. firefighters won a major legal victory Tuesday after a federal appeals court ruled the city may have violated a 2007 court order that allowed them to keep their beards for religious reasons.

The case stems from a decades-long dispute over facial hair policies in D.C. Fire and EMS

Legal challenge over facial hair 

The backstory:

In 2005, the city implemented a rule requiring first responders to shave facial hair that could interfere with the seal of face masks. 

UNITED STATES - APRIL 07: Firefighters respond to a fire in the Ronlad Reagan building in downtown Washington, DC. (Photo By Chris Maddaloni/Roll Call/Getty Images)

Four firefighters, citing their Muslim and Jewish faiths, challenged the policy and won in 2007. A federal judge ruled that the city could not punish employees for maintaining facial hair in line with their religious practices.

But during the COVID-19 pandemic, the city revived a similar policy, citing the critical need for tight-fitting face masks, including N95 respirators. The same four firefighters were reassigned to desk jobs because of their facial hair, which they say resulted in fewer opportunities for overtime pay, longer commutes, and less favorable work schedules.

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DC Fire and EMS employees file legal challenge over facial hair requirement

Several firefighters in D.C. are taking the District to court over a policy that requires them to shave their facial hair.

The firefighters accused the city of violating the 2007 order and filed a lawsuit. The city defended its actions, arguing that the extraordinary circumstances of the pandemic justified the policy.

Court rules against DC policy

Big picture view:

On Tuesday, the federal appeals court rejected that argument, unanimously ruling that good faith during a crisis does not excuse the city from complying with a standing court order. 

The case was sent back to the district court to determine whether the city violated the 2007 ruling and whether the firefighters are entitled to damages.

"They were nearing retirement and thought they had left a legacy at the department, you know, if their sons or grandsons wanted to follow them and held the same religious faith, they could keep their beards," said Becky Dummermuth, counsel for the firefighters. "For them, this is a vindication or a step in the direction of vindication to say D.C. was wrong to treat them this way."

The decision allows the plaintiffs to continue pursuing compensation for the financial and emotional impact they say the policy caused.

The Source: The information in this report comes from the U.S. Court of Appeals for the D.C. Circuit 

D.C. Fire and EMS