By Alan Riquelmy
The U.S. Justice Department on Monday filed a complaint against the California Department of Corrections and Rehabilitation over its prohibition on facial hair, calling it religion-based employment discrimination.
The federal government asked a judge to stop the state corrections agency from requiring officers to be clean-shaven if they hold sincere religious beliefs that dictate they have beards.
The Justice Department also wants the state to have good-faith discussions with eight named officers, and any others in a similar position, to address the conflict between religious beliefs and the department’s policy.
“Sikhs, Muslims and employees of other minority faiths should not be forced to choose between the practice of their faith and their jobs,” Kristen Clarke, assistant U.S. attorney general for civil rights division, said in a statement. “We are taking action to ensure that the rights of employees of minority faiths are respected and accommodated in the workplace.”
The action, filed in the Eastern District of California, stems from a September 2022 change in policy about employee-worn respirators. Before that date, the state corrections department allowed officers to have beards no more than an inch in length.
However, on Sept. 22, 2022, the department issued a memorandum announcing it would now forbid hair that came between the sealing surface of a respirator and face, meaning all facial hair, which could impair valve function.
The eight officers named in the action all requested a religious exemption. As of Feb. 1, the corrections department either has denied their requests or hasn’t acted upon them.
One department officer — Mubashar Ali, a practicing Muslim — works at a medical guard unit in Stockton. His request for a religious accommodation was denied, as the department couldn’t find an accommodation that wouldn’t make an undue hardship.
The denial gave no explanation as to what steps the department took to find alternative accommodations. Instead, it suggested he apply for non-officer positions, which Ali believed would mean less pay and fewer benefits. He now shaves under duress, he says.
Another of the officers — Ravinder Dhaliwal, a practicing Sikh — works at the Wasco Prison Reception Center. He also requested an accommodation after the September 2022 policy change and renewed that request twice last year. Though he never received a formal reply, he was told he’d have to shave his beard or find a non-officer position.
Shaving to keep his job, Dhaliwal says he feels stress, guilt and anger. A doctor has prescribed him anxiety medication.
The other officers shared similar stories in the legal action.
“Our district is one of the most diverse in the country, with communities of many different faiths practicing customs that are central to their beliefs,” U.S. Attorney for the Eastern District of California Phillip A. Talbert said in a statement. “The action brought today is an important use of the federal civil rights laws to protect this religious expression.”
The federal government says California’s corrections agency has denied or failed to respond to the officers’ requests for religious accommodation. The agency claims that wearing a tight-fitting respirator is essential for the job; however, it hasn’t evaluated whether wearing such a respirator is, in fact, needed to perform every job.
In addition, there are other correctional facilities that have altered their respiratory programs and reworked staffing to ensure officers can maintain their religious beliefs and meet safety standards.
Talbert’s office became involved after the officers filed accusations of religious discrimination with the federal Equal Employment Opportunity Commission.
As the commission’s probe continues, the Justice Department asked for relief only until that investigation ends or the corrections agency can show it has complied with federal religious accommodation obligations.
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