Muslim, Jewish Firefighters Sue Over Facial Hair Policy

Terry G Edwards

I can't speak for anyone but myself. I spent many years in the military. I took special training dealing with the military's chemical and biological protection equipment. I have worked in the pest control industry, construction industry, farming industry, and petroleum/gas industries. There are many places and situations that require an OSHA approved respirator to be worn by any individual in the area regardless of their actual participation in the activity.

This is a federal government regulation that effects all institutions and insurance companies. It's not something a company can just bypass without violating the law. Any individual who wishes to work with these companies must pass a drug test, a physical, and be screened and fitted for a respirator. They must be physically capable of wearing a respirator without any health issues. The respirator must make a complete seal around the face and neck area in order to protect the individual from any vapors or contaminates from seeping into the mask. Unfortunately, facial hair will prevent this from happening.

It's not a question of religion, it's a simple fact of life or death. The only other option is to fully suit up the whole body and provide an external air supply. Sometimes in a confined work space there is not enough room for a full suit.

Ann

You know what the rules are when you apply for a job. If you don't like those rules choose a different career. It's like city people who move to the country and then make a fuss about the smell from the farms.

Daniel Gray

Ok the problem is simple. The gas masks and oxygen masks MUST have a complete seal and even a hair would not allow a complete seal and thus put firefighters in danger as well as the oxygen masks. As such the firefighters would have to purchase OSHA approved gas and oxygen masks for themselves instead of demanding that the taxpayer purchase them for them. If they refuse to do so then they deserve to lose this case and should lose it. Just because you have freedom of religion does not mean that you should be allowed to use religion to place anyone elses life in danger as would be the case because you would have to have another firefighter come into a burning building to haul your idiotic rear out when you pass out from ingesting smoke. Give me a freaking break....Even the Military REQUIRES you to do the same thing and all military members that want to protest this rule either must abide by it or they must supply their own protective equipment. Every District court that has heard a case like this has ruled against the people who try and bring such a stupid case before them

Rev. MichaelRS

As long as they sign a waiver saying they will make no claims against the city related to any injury or respiratory problems arising from an ill-filling face mask, fine.

Then again, even if they are barred by such an agreement against making a claim, if they get ill to the point that they cannot do their job, the city has lost an investment.

Joe Stutler

The problem with facial hair for firefighters (and military, police, etc) is getting a good deal on respirators and gas masks. Maybe stop demanding magical exemptions to rational requirements for a given job.

Laura McAllister

I think as long as you do your job there’s no reason for anyone to judge what you long like, and they should learn your religion.

Rev. Dr. Father JJ

a firefighter is expected to be able to don PPE (personal protective equipment) which, besides bunkers and jacket include a personal, sized and fitted facepiece (mask) from which one breaths air from their SCBA. there is NO way a facepiece is going to seal over a beard. therefore is a firefighter can not wear a mask, they can not do the job they were hired to do which is mitigate IDLH (immediately dangerous to life and health) situation which for most firefighters means carbon monoxide alarms, smell of smoke, fire and smoke extinguishment.

if the people in question are instead, on the EMS side of their department then one could suppose the need for a facepiece/SCBA is pretty limited and they could possibly be excused. But the primary purpose of a firefighter is right there, in the name. if a candidate can't do the job then they need to look elsewhere. this has absolutely nothing whatsoever to do with religious discrimination and everything to do abiding by the rules and safety protocols in place for the safety of firefighters.

caveat: if the firefighters in question are talking about a very short, trimmed beard that fits within the facepiece footprint and allows a proper seal then that may be a different story...IF...

Colleen McAllister

It depends on the bushiness of the facial hair. It will have to allow the fitting of a protective mask. These things should be taken into account when applying for a job in the first place.

Rev Frankie PG

I just shake my head and whisper under my breath when I see someone wearing a mask today. I wasn't a fan when Dr. Falsey first suggested them nor was I fan when the rules kept getting more strict. A majority of the rules that him and the Trump Administration, that Biden made even worse when he came in, proved to be draconian and as unhelpful as Biden's Administration today. All leaders, with a brain, have dropped nearly all of the measures because they've realized that it came from a man that was known for being on the wrong side of science, several times. So if the rule started then, I'd really like to know how they handled it before? I've been in emergency services for over 30 years now, first starting on LAPD back in 1990, so I've seen, handled and used the equipment that's grown through the decades. At no time did I find it right for anyone that has to wear a respirator to be able to complete their duties to have a beard, as even the slightest break in a seal can be the difference between a long prosperous life and death with complications. Therefore a person can't be a firefighter due to their religious belief, maybe they should be praying to their God to show them a different path. However if God chooses you to be in that path then he also chooses for you to lose the facial hair, he knows what the MANDATES are and I'm pretty sure their God doesn't want them to shorten their life.

Canadian Yankee

Choosing a religion is a personal choice, if for good and proper reasons the choosing of the religion causes you to fail to be able to meet the requirements of a job or profession, society is not to blame for your choice.

We have been through this before many times on this page when we have talked about pharmacists, nurses and doctors failing to proscribe medical help not because of good medical practice perameters but rather religious bias.

Time for society to say enough we are not responsible for your choices nor must we bend good practice, no matter the field, to satisfy your choices.

Robert J Giammarco

I agree with many of the comments posted. This has nothing to do with religion. The FF's are using this as an excuse, like a child who wants a toy. I am somewhat puzzled as to HOW did they get the job in the first palce? I am sure that when they were hired there were specific rules and regulations that they needed to adhere to. How did they get this far in their career with the facial hair? Did they niot have it then? How were they able to perform their duties? How did they get passed their yearly evaluations? I believe that this also has to do with the insurance carrier that their respect employer(s) have. That the insurance carrier's are demanding this due to claims, etc. They knew the requirenents when they started. These men are suppose to be professional in thier attitude, as well as compliant to the rules. There is no exception. Seems professionalism is no longer necessary, and society now wants to over use religion and racist as the new norm. Whatever happen to plain COMMON SENSE? This surely is case for it.

Gordon DS Smith

As a Health and Safety Engineer I must agree with this policy as beardd prevents any form of facial PERSONAL PROTECTIVE EQUIMENT (PPE) from sealing properly. Without a proper seal the PPE is not performing its function properly and the health and safety of the firefighter is compromised and in jeopardy. Unfortunately religion cannot supercede safety in ant situation. If they hold their religious 'rights' above their personal safety then they are a liability to them selves and to the people they are sworn to help. A dead firefighter can't save anyone.

Rev Ned

If you can’t wear the PPE, then find a different job.

Marcella J Schieffelin

They have been successful in other countries working as firefighters and in the military while still keeping their facial hair as per their religious faith. I think having a better understanding and how other countries have done this successfully will help to understand. In all, it sounds like there is more fear regarding potential lawsuits than anything else.

Nicholas J Page

You took the job on you knew what the job entailed it's about safety amongst other things.If you don't want to shave or cut your hair because of your faith.Its simple find another job where you don't have to wear respirators it's not rocket science

Charles A. McCall

As a Career Firefighter and an Emergency Medical Technician, I do not see a problem with Jews and Muslims becoming Firefighters. The issue is that Firefighters are mandated by OSHA, NFPA, state and Federal regulations, and Departmental regulations to wear bunker gear/turnout gear (protective Firefighting attire), along with the SCBA (self-contained breathing apparatus) which does include a face mask, fitted to individual size, in order to fit properly. The Firefighter is breathing in regular "room" air from a air cylinder carried on his/her back. It is imperative that the rubber seal around the mask be perfectly sealed, in order to block superheated air and toxic substances and gases within the IDLH (Immediate Danger to Life and Health) atmosphere from entering the Firefighter's airway and lungs. I do not see any way around this requirement if you are actively fighting fire, especially within a commercial or residential structure where all the harmful and carcinogenic gases, flames, superheated gas and smoke, etc. are concentrated within. You would surely be severely injured or killed in a structure fire without being able to breathe clean air (not pure oxygen) from within your self-contained breathing apparatus (SCBA). This safety net is not achievable without a perfect, non-leaking seal on your face mask, that is connected to your air cylinder. Any facial hair would prevent a perfect, tight seal of the face mask, thus facilitating a potentially dangerous and/or deadly situation for the Firefighter. This is why a beard would be prohibited and having a beard would be reckless and potentially fatal. Firefighters are allowed to have mustaches and sideburns, provided that they do not interfere with a proper seal on the facepiece. Muslims and Jews that want to be Firefighters have to suck it up and bite the bullet, shave their face every day just like everyone else, in order to be in compliance. An injured Firefighter on the fire ground becomes another victim that needs to be rescued. It is no easy task to stop all fire ground operations and focus on rescuing the Rescuer. It is the number one priority to find that Firefighter first of all, then to remove him from the hazardous environment. It takes many Firefighters committed to saving just one Firefighter. A Firefighter with a beard would not be able to enter an IDLH. PERIOD. It is asinine to have any other philosophy or practice. You are a Muslim or Jew who has religious beliefs and opinions that you should wear a beard? Don't go into the Fire Service. Be a EMT or Paramedic and ride in the ambulance. Become a Police Officer. You want to be a Firefighter? SHAVE YOUR FACE. PERIOD.

Ahmed Abduljabar Al-Hujazi

In my humble opinion, if these emergency personnel are putting themselves in harms way, in order to save the lives of people, I don't see how Allah can judge them harshly because they shaved their faces. It's what's in their hearts that matters, not what's on their surfaces. Like many verses of Quran, the one referring to keeping a beard as sunnah (recommended, or best practice) is open to interpretation. The verse basically says that one should not change what Allah has created, meaning that if Allah has created men to have beards, then they should not remove that feature. Yet, many devout Muslims also follow Hadith, which are the sayings and observed practices of Muhammad (peach be upon him). In the hadith, the Prophet said that one should groom oneself to be clean, as in trimming the hair, beard, fingernails, pubes, and underarms. So, which practice does one follow? Again, it's up to the individual Muslim. Islam has no recognized clergy, but we do have scholars and imams that are learned in Islam and can provide guidance. Ultimately, it is up to the individual Muslim, and only Allah has the right to judge us, and needs no help in doing so.

Michael A. Salato Jr

I was a voluntary Firefighter/EMT for 24 years. You had several different positions to choose from. An interior firefighter was required to do a fit test of a mask to qualify for that position for his own safety and the safety of his fellow firefighters and the ones he's saving. A failed seal on a mask due to facial hair is a danger to all involved. So, my point is there are many other positions that don't require a fit test in the volunteer fire houses, pump operator, driver, etc. where you can keep your beard. Union operated fire companies may have different rules due to the the numbers of firefighters they have and need to have all fighters to be qualified as INTERIOR, so they can change out firefighters as the air tanks run out of air and need to sit out the remaining time of the fire. "A dead firefighter is no good to anyone" This is a quote from a wise fire chief I had, It sounds harsh but it's all about saving lives including your own. No one wants to tell a loved one that his or her family member died in a fire due to a compromised seal on the PPE designed to protect them and the one to be rescued due to facial hair. They are, or already have developed Air feed hoods that do not require a seal around the face, that might be another option when it comes about.

Glenn Alan Emery

As an Air Force pilot, we were not allowed to have facial hair that would impede on the effectiveness of an oxygen mask. It had nothing to do with religion and still does not. The only remedy I can think of is for individuals who feel they are required to have facial hair, to sign a waiver that would indemnify municipalities from any loss or damage caused by an improperly fitting mask, or to seek out another occupation that does not require the use of an oxygen/respirator mask to safely complete a task.

Rev. Kev

I don't see how this can be a religious discrimination case since nothing was done that specifically says such and such can't be done if you're this religion. It's about a broad physical characteristic that a man of ANY faith can have. It's a male facial thing. Not a faith thing. Having a proper seal on respirators was a rule for firefighters before these guys joined up. Respirators in a smoke-filled, burning building are a necessity for the lives of the firefighters, and those they are there to help. So they were hired and put in places they wouldn't endanger the lives of others to accommodate their faith (which is the opposite of religious discrimination since they were still hired). Now they're whinging because they can't have their way. Having their beard for their faith should be considered a personal sacrifice for God. Move on.

And, yes, there are also the ramifications of legal fallout if an emergency worker suddenly can't perform his duties in the middle of an operation (from a condition the city or county already knew about) and it results in physical injury to himself and others. It's really not worth the thousands or millions of dollars in damages that could result just to appease someone's personal wishes.

Gary Stephen Lowden

If you are putting other people's well-being a risk with your behavior, then either the beard goes; or you find another position in the organization. If it doesn't pay as well, so be it. Apparently, wearing a full beard does put not only the beard wearer but fellow workers and the general public at risk. It is really a no brainer. Consider the reduced pay/benefits as part of your offering to God.

Peggy Ann Warner

I have a quick solution: we will respect your religious beliefs to keep your beards but you have to sign here ______ that you knowingly understood what you are doing and that you may be harmed because of your beard and cannot sue us for injuries caused by refusing to adhere to OSHA regulations.

Or better yet: you know the health regulations required for this job so this job is not suitable to your health. This goes for the military as well.

John Tatanka-Sa Trudell

The no beard policy does make sense if they are wearing SCBA gear to enter a burning object. The mask seals up in on demand and pressurized breathing to keep smoke out. There is no sense to send a person in who could become another victim to rescue due to smoke inhalation. Plus the mask keeps super heated air from going in your lungs, check out about back drafts or flashovers. I was a volunteer firefighter, emt, extrication, etc for a good long time. Be safe people.

Thomas Edwin Peterson

Having used various scuba and re-breathers with a beard. I've coated the surround with petroleum jelly and had decent result. Admittedly it's inconvenient to remove post use but worked. I'm sure elite military divers have figured out better product to use. Check with ft bragg etc.

Keith Graham Ainsworth

I worked in an environment in which I was often required to wear a respirator. When the company upgraded the respirator I was instructed that for safety reasons, I would have to shave off my beard. Well, I'm quite attached to my beard, I had had it for 30 years at that point, so I told them that I would not shave (not for religious reasons though) and I quit my job. I later took another similar job which involved the use of identical masks. I asked about the effectiveness of these masks when the wearer had a beard and the safety officer who was introducing us to the masks demonstrated that they were good by having me put a mask on, blocking the intake and having me breathe in. My eyeballs nearly popped out with the reduction in pressure inside the mask. They seal well even when the wearer has a beard so there is no valid justification for requiring staff to shave. Not saying that it's religious discrimination, but the whole situation is unnecessary

Clerance Homister

They knew the policy before they took the job. Don't like it... find another job. Enough with the crybaby crap.

Travis Steven Sahr

Spend the money that it costs to run a lawsuit on research and development on a new "mask" or system so that it would enable faith followers to to the job and follow their faith (maintain their facial hair)... there are smart people in this world that could solve that issue without wasting money on court costs and lawyers. Now if its about just being clean shaved for the purpose of policy or department preference, yea, they should be sued if that is all it is.

Cheryl Pettijohn

Let them take the possible fatal consequences of their unsealed equipment, after signing away all rights to litigate when they refuse to follow policy.

David Buck

Throughout the Cold War, when Nuclear, Biological and Chemical (NBC) warfare was considered a serious possibility, a no facial hair policy was strictly enforced because it was impossible to achieve an air-tight fit of the NBC mask over facial hair. Various workarounds were tried, like coating the beard in Vaseline, but none of them worked. Only lately when, one assumes, the possibility of NBC warfare has declined, do you see soldiers wearing beards. Frankly I hate it. It looks untidy to this old soldier.

Firefighters have to be able to wear a Scott Air-Pak or similar self-contained breathing apparatus. Like the NBC masks of my day, there is no way to achieve an airtight fit of these over a beard. Attempting to do so puts these firefighters and the people they are supposed to save in danger. It's that simple.

What I cannot figure out is how it took these organisations until 2007 and 2020 to include this fact in their regulations. Maybe It just never came up before? In any event the rule makes absolute sense and any judge who strikes it down is pandering to populism and not fact.

I am really sick and tired of people who join an organisation and then complain and whine about the rules. If you don't like the rules, don't join.

Scottie L Queen

concerning facial hair in an EMS field it is for their own safety . The face shield , such as air tanks won't seal properly. Being a U.S.MARINE the facial hair , is difficult to deal with the same safety standards as EMS . Then there is a tradition with some military institutions that require some discipline that can't be explained.

Steven Ferrell

Being EMS and working with Fire Fighters, I can see the safety factor the city is talking about. It would not allow a good sealed fit on the face and could result in smoke getting inside their breathing and face apprentice. I myself have had to be fitted for one of those and there is no way you could get a good fit with facial hair. You are putting your own life in danger by trying to do that.

John Alex Paxson

maybe they should look for a new line of work ... work comes with rules ... religion aside ... follow safety rules or new employment is the best option.

Rev Mary

As a former fire fighter I understand the "mask seal" issue. Every fire fighter is trained over and over about it. The dept probably doesnt want to be sued by deceased fire fighters family etc. FFs know when they are hired what the issue is. Though we all want to honor someones spiritual tradition. They knew before they signed on.

Donald Ray Linville

I am a retired (mostly) industrial hygienist. I was the Director of Health and Safety for a large Haz Mat response company for several years. We had a clean shaven policy for our technical people who were all required to enter Immediately Dangerous to Life and Health (IDLH). The important issue was the safety of our personnel. Being clean shaven was a requirement of employment. It had nothing to do with religious preferences. If people were not willing to comply, it was of course their choice to comply with required policies or to become employed in a different effort. Fire fighters are also required to enter potentially IDLH environments. Items involving Health and Safety should not be confused with religious beliefs or preferences. I am a life long Liberal and wholly support individual rights. But this should never be lumped into preferences or even religious beliefs. If you can’t see the issues, please consider using a seat belt or not because it causes you to have wrinkled clothing or whatever other excuse that you can come up with. Don Linville

Paul Edward Nunis

It was literally impossible to know that before. The policy was to allow beards, and when that policy changed it affected everyone who took the job after being told that their religious beliefs (which includes some Christians BTW) would be protected.

Julie Armstrong

I think that these men know of any risk or consequences, if any. They should be allowed to wear facial hair for their personal belief. A compromise as long as it it groomed and short.