Philadelphia

Philly School District, Department of Justice Reach Settlement in Beard-Length Lawsuit

The U.S. Department of Justice reached a settlement with the Philadelphia School district over a religious discrimination lawsuit filed earlier this year. The lawsuit, filed by the Justice Department, centered around a rule requiring school district employees to keep their beards at a certain length.

Under the terms of the agreement, the school district agreed to develop and distribute a revised policy on the proper attire and appearance for school police officers in which religious accommodation requests are considered. The district will also engage in an "interactive process" with the school police officers before denying any religious accommodation requests.

The initial lawsuit, filed in March of this year, claimed that the school district discriminated against a school police officer by instituting a policy in October of 2010 that prevented school officers from having beards longer than one-quarter inch. Abu-Bakr, a school police officer since 1987, told district officials that the rule conflicted with his Islamic faith, which prevents him from cutting his beard. Abu-Bakr says he has had an untrimmed beard longer than one-quarter inch for the 27 years he has worked with the district.

According to the lawsuit, Abu-Bakr notified his supervisor that he could not comply with the new rule due to his religious beliefs. Justice Department officials say he was then issued a written reprimand for violating the policy.

The complaint accused the district of failing to consider Abu-Bakr’s request for “reasonable accommodation” to its grooming policy.

“Individuals should not have to choose between maintaining their jobs and practicing their faith when accommodations can be reasonably made,” said Acting Assistant Attorney General for the Civil Rights Division Jocelyn Samuels. “Federal law requires all employers, even those with grooming and uniform policies, to reasonably accommodate the religious observances and practices of their employees.”

Officials say Abu-Bakr filed a charge of religious discrimination with the Equal Opportunity Commission (EEOC). The EEOC’s Philadelphia district office investigated the case and determined that there was reasonable cause to believe that discrimination occurred. They then notified the Department of Justice.

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“No employee should be forced to violate his religious beliefs in order to earn a living,” said District Director Spencer H. Lewis Jr. of the EEOC’s Philadelphia District Office. “Modifying a dress or grooming code is a reasonable accommodation that enables employees to keep working without posing an undue hardship on the employer.  We are pleased that the EEOC's collaboration with the Department of Justice protects public employees from religious discrimination.”

The lawsuit required the district to “develop and implement new grooming policies that would prevent its employees from being discriminated against based upon religion.” It also called for monetary damages for Abu-Bakr and other individuals in similar situations.

Under the new settlement, the school district agreed to provide mandatory training on religious accommodation to supervisors, managers and human resources officials. The district will also pay compensatory damages to two other employees who were in situations similar to Abu-Bakr's.

"We are pleased that the school district of Philadelphia has agreed to develop a revised  policy that will allow school police officers to request religious accommodations without posing an undue hardship on the school district," said Acting Assistant Attorney General Molly Moran for the Civil Rights Division.  "Through our partnership with the EEOC, the Civil Rights Division continues the commitment of the United States Department of Justice to vigorous enforcement of the nation's employment discrimination laws."

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