The federal government is asking a court to stop California from enforcing a rule requiring prison guards to shave, saying it amounts to religious discrimination against Sikhs, Muslims and others who grow beards to express their faith.
A civil rights complaint filed Monday by the U.S. Department of Justice alleges that the California Department of Corrections and Rehabilitation’s ban on facial hair deprives officers of different religious beliefs of accommodations on the job.
The Justice Department said in a statement that it sought a temporary court order “allowing the officers to grow their beards while CDCR comprehensively evaluates options for providing them with religious accommodations while complying with California safety regulations.”
“Sikhs, Muslims and employees of other minority faiths should not be forced to choose between practicing their faith and working,” Assistant Attorney General Christine Clark said in a statement. “Religious freedom and religious tolerance are fundamental to our democracy. fundamental principles. We are taking action to ensure that the rights of employees of minority faiths are respected and accommodated in the workplace.”
The Corrections Department maintains that the ban on beards stems from the need for certain employees, including guards, to wear tight-fitting respirators, and that state law requires facial hair not to hinder the use of such masks being worn during the coronavirus pandemic, according to Sacramento Court documents cited by The Bee.
In an emailed statement to The Associated Press, the state agency defended its policy.
“CDCR respects all sincerely held religious beliefs and strives to provide reasonable accommodations to individuals seeking religious reasonable accommodations to the extent that does not conflict with other legal obligations,” spokesperson Mary Xjimenez said Tuesday.
“Under workplace safety laws, the use of tight-fitting respirators is required during certain functions in state prison operations and for the safety and protection of incarcerated individuals and other staff. CDCR is in full compliance with the law, and we believe the courts will agree, “Xjimenez said.
The Justice Department, filed in U.S. District Court in Sacramento, also seeks a court order barring retaliation or discipline against officers who asked to grow beards as the case progresses.
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