Tag Archives: religious discrimination

Houston Firefighter-Dispatcher Challenges No-Beard Rule on Religious Grounds

A Houston firefighter assigned to the dispatch center as a Senior Communications Captain has filed suit claiming the city has failed to accommodate his sincerely held religious beliefs by requiring him to remain clean-shaven. Brandon E. O’Neal filed suit today in federal court naming the city, the Houston Fire Department and Fire Chief Samuel Pena as defendants.

Iowa Fire Department at Center of Nativity Scene Controversy

An Iowa fire department that has hosted a nativity scene during the holidays for the past fifteen years, has found itself at the center of a First Amendment controversy about the separation between church and state. The Freedom From Religion Foundation requested the Mayor and City Council of the City of Toledo to remove a nativity scene from the front of the Toledo Fire Department’s station.

Fire Law Roundup for December 4, 2023

In this episode of Fire Law Roundup for December 4, 2023, Brad and Curt discuss a ruling by the Missouri Court of Appeals concluding that the state’s Board of Mediation acted arbitrarily in denying a union’s petition to organize fire ...

Federal Court Upholds Atlantic City Fire’s No-Beard Rule

The US District Court for the District of New Jersey has upheld the Atlantic City Fire Department’s no-beard policy. The policy had been challenged by a city firefighter, Alexander Smith, on First Amendment, religious, and equal protection grounds. Smith also claims he had been retaliated against for requesting an accommodation.

Fire Law Roundup for August 14, 2023

In this episode of Fire Law Roundup for August 14, 2023, Brad and Curt discuss a Rhode Island superior court decision upholding the right of fire districts to charge for plan review; the grant of summary judgment to the defendants ...

Ninth Circuit Upholds Firing of Stockton Fire Chief in 2011

The Ninth Circuit Court of Appeals has ruled that the City of Stockton fired former Fire Chief Ronald Hittle in 2011 for legitimate, non-discriminatory reasons, and that the chief was unable to show these reasons were pretextual excuses to justify religious discrimination.

Four Firefighters Seek to Hold DCFEMS in Contempt Over No-Beard Rule

Four members of the DCFEMS are asking a federal court to reopen two religious discrimination cases and find the city in contempt for violating a permanent injunction by enforcing the no beard requirement. Steven Chasin, Calvert Potter, Jasper Sterling, Hassan Umrani filed the action earlier this month

First Circuit Upholds Discipline Against Firefighter Who Refused to be Photographed

The 1st Circuit Court of Appeals has ruled that a Massachusetts fire chief did not discriminate against a firefighter by requiring him to pose in his Class A uniform for an identification photo. Thomas Swartz filed suit claiming he was wrongfully disciplined by the Bourne Fire Department in 2016, in violation of his religious rights.

Religious Discrimination Claims Against Puerto Rico Fire Department Stayed

A religious discrimination lawsuit filed by a firefighter in Puerto Rico has been stayed pursuant to a special law enacted to stabilize Puerto Rico’s economic situation. Danny James-Febo filed suit against the Negociado del Cuerpo de Bomberos de Puerto Rico (Puerto Rico Fire Department), several supervisors, and the Commonwealth of Puerto Rico.

San Francisco Firefighters Fired Over COVID19 Vaccine Mandate File Suit

Twenty-one San Francisco firefighters who were fired for failing to comply with the city’s COVID19 vaccine mandate have filed suit alleging religious discrimination, failure to accommodate religious beliefs under California law, due process violations, and violations of their autonomous privacy rights. The suit was filed in San Francisco County Superior Court.

Wilmington Firefighter Files Race and Religious Discrimination Suit

A Wilmington, Delaware firefighter has filed suit against the department and three chief officers alleging race and religious discrimination. Corey Ferrell filed suit earlier this month naming the City of Wilmington, Fire Chief John Looney, Deputy Chief John Hoban, and Battalion Chief Andre Cooper.

FDNY Prevails in Second Facial Hair Lawsuit

FDNY has prevailed once again in a lawsuit challenging its no-beard policy. In a ruling handed down yesterday, US District Court Judge Nicholas G. Garaufis concluded the OSHA prohibition of facial hair at the SCBA interface serves to create an undue hardship that relieves fire departments of an obligation to grant religious accommodations.

Court Upholds Termination of Medic Fired For Lying on Application

A decision to terminate a Georgia paramedic who sought a religious accommodation for facial hair, has been upheld by the 11th Circuit Court of Appeals because he falsified his employment application. The case was brought by Bataski Bailey, who was hired and fired by Metro Ambulance Services dba American Medical Response in 2015.

Terminated Philly Recruit Alleges Beard-Related Religious Discrimination

A recruit firefighter who was dismissed from the Philadelphia Fire Department’s fire academy in 2019 for refusing to shave his beard, has filed suit alleging religious discrimination. Malcolm Lindsay filed suit alleging religious discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act.

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