Facial Hair, Firefighters, and Free Exercise
Introduction A single exception can now unravel your entire workplace safety policy. The Third Circuit's decision on May 30, 2025, in Smith v. Atlantic City, 1 underscores how even minor exceptions to grooming or masking rules can expose employers to legal risk. This decision raises the stakes for employers crafting policies that intersect with religious accommodations, particularly those involving mandatory masking or respirator use. The ruling makes clear that even well-intentioned safety policies can be invalidated if they contain practical or discretionary exceptions. Factual Background Alexander Smith, a firefighter employed by the Atlantic City Fire Department, was subject to the department's grooming policy which required firefighters to be clean-shaven. The policy was designed to ensure a proper seal when wearing self-contained breathing apparatuses (SCBAs), which protect firefighters from smoke and toxic fumes. A tight seal is essential for the SCBA to function prop...