Friday, September 10, 2021

Muslim Police Officer Can Move Ahead With Complaint On Accommodation Of Beard

In Hashmi v. City of Jersey City, (D NJ, Sept. 7, 2021), a New Jersey federal district court allowed a Sunni Muslim police officer to move ahead on some, but not all, of his challenges to a Jersey City Police Department order. The Order (later amended) required officers who wear beards for religious reasons to maintain them at no more than one-half inch in length unmanicured. Plaintiff claims this conflicts with an accommodation letter previously issued to him which requires his beard to be "neat and clean." He also claims subsequent harassment and retaliation. The court rejected plaintiff's free exercise claim, finding that the Order is neutral and generally applicable. The court also rejected plaintiff's equal protection challenge, and his Title VII religious discrimination claim. However the court permitted him to move ahead with his Title VII failure-to-accommodate claim and his Title VII and state law retaliation claims.