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religious beard discrimination

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dmerlin25

Junior Member
I am in Montana. For the last year I have been working security for a private community for the very wealthy. Exactly 1 month ago I asked for a religious accommodation to be exempted from the grooming policy for the purpose of growing a beard. HR just informed me that I will most likely not be be working any posts that deals with members of this community and I wont be eligible to work overtime with events that I would be exposed members. I am going to be put indefinitely at the service gate, which is least desired, as a reward for being awesome. All officers normally rotate to different posts everyday / week. I can't help but feel segregated and discriminated against. HR says they have the right to manage the appearance of member facing positions. Every other department here that has dealings with members more often than my department has bearded men. Am I wrong? Is HR right?
 


cbg

I'm a Northern Girl
I am asking these questions for a reason. They are not for the purpose of putting you down; They are to assess your options.

What religion are you that requires growing a beard (there are several; I'm asking which one you belong to); how long have you been a member of that religion; and why did you wait a year before asking?
 

dmerlin25

Junior Member
I am a Messianic Christian. I have been for years and kind-of fell out of it. I am getting back into it and am trying to do it well.
 

tranquility

Senior Member
Goodness, while I don't much like current jurisprudence on the beard issue, it seems you migh have a valid case. See an attorney who can advise.

The path to success is not easy and you need someone knowledgable in the law to guide.

When we talk of the feeling opinion so many here give, I say no. We can find a business purpose. When we talk of the law, I say yes, you have been harmed.

I am torn. While I could argue either side with no problem, I would hope the court would find against you. Yet, I think you have a case.

Get an attorney.
 

OHRoadwarrior

Senior Member
I am a Messianic Christian. I have been for years and kind-of fell out of it. I am getting back into it and am trying to do it well.
You would need to suddenly have rediscovered the practice to the satisfaction of a court. I suspect the resurrection has to do with trying to make a legal case, which would be decided on the merits. The restrictions do not seem to require a beard but a kosher diet. Have they infrignged on your Kosher diet and are you following one?
 
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dmerlin25

Junior Member
You would need to suddenly have rediscovered the practice to the satisfaction of a court. I suspect the resurrection has to do with trying to make a legal case, which would be decided on the merits. The restrictions do not seem to require a beard but a kosher diet. Have they infrignged on your Kosher diet and are you following one?
I covered all that in my essay to HR. I explained that I understand that not working the Sabbath would be unreasonable in my opinion and there are many other aspects that I am imperfectly trying to do as best as I can. I also stated that I do not intend on bringing further accommodation requests to them.

I do not intend to seek litigation, however I don't want to be treated like some undesirable.
 

cbg

I'm a Northern Girl
I don't think it would do any harm for you to run the question past the EEOC.
 

tranquility

Senior Member
I do not intend to seek litigation, however I don't want to be treated like some undesirable.
Apparently, they don't care. Again, I do not totally agree with the law on this matter. But, it has been litigated. If there are not other things you are not telling us, you should see an attorney.
 

OHRoadwarrior

Senior Member
You do not get to dictate to them the accommodations you expect. Having done so only weakens your case. It makes you appear like one of those midieval fair people that is looking for an excuse to keep his beard for the summer games. Oh wait Merlin, I get it, that is the reason.
 

dmerlin25

Junior Member
You do not get to dictate to them the accommodations you expect. Having done so only weakens your case. It makes you appear like one of those midieval fair people that is looking for an excuse to keep his beard for the summer games. Oh wait Merlin, I get it, that is the reason.
Thank you for the input. The reason I brought this here is to see if I am out of line. I don't want to be malicious or insincere. All I do want is to be treated fairly and EQUALLY. Basically I want my beard and I don't want anything else at my job to change. Is my employer acting appropriately or am I unreasonable?
 

LdiJ

Senior Member
Thank you for the input. The reason I brought this here is to see if I am out of line. I don't want to be malicious or insincere. All I do want is to be treated fairly and EQUALLY. Basically I want my beard and I don't want anything else at my job to change. Is my employer acting appropriately or am I unreasonable?
From a purely legal perspective your employer may not be acting appropriately. The law seems to indicate that you should be given the religious accommodation. However, from a business perspective, its quite possible that your employer is behaving in the way that is in the best interest of the business. Therefore its possible that you are being unreasonable from the business perspective of your employer.

You knew the job required a clean cut appearance when you were hired.
 

justalayman

Senior Member
from what I can find wearing a beard is not required unless you are a pastor or other leader of the community. It appears the Church prefer men wear beards though.


What I did find humorous is their main reason for wearing a beard:

7) Most importantly, it’s how God made us. If God did not want man to have long-hair or a beard, why create us with the ability to grow it.

does that mean you don't cut your fingernails or toenails? After all, why would God create you with the ability to grow them nails if he didn't want you to have crazy long nails.
 

justalayman

Senior Member
From a purely legal perspective your employer may not be acting appropriately. The law seems to indicate that you should be given the religious accommodation. However, from a business perspective, its quite possible that your employer is behaving in the way that is in the best interest of the business. Therefore its possible that you are being unreasonable from the business perspective of your employer.

You knew the job required a clean cut appearance when you were hired.

Doesn't matter. Unless employer can show a valid reason a beard cannot be worn, employer has no option but to allow it. Employer is also prohibited from punishing employee due to ..

well, here:


1. What is the federal law relating to religious dress and grooming in the workplace?

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended ("Title VII"),prohibits employers with at least 15 employees (including private sector, state, and local government employers), as well as employment agencies, unions, and federal government agencies, from discriminating in employment based on race, color, religion, sex, or national origin. It also prohibits retaliation against persons who complain of discrimination or participate in an EEO investigation. With respect to religion, Title VII prohibits among other things:

disparate treatment based on religion in recruitment, hiring, promotion, benefits, training, job duties, termination, or any other aspect of employment (except that "religious organizations" as defined under Title VII are permitted to prefer members of their own religion in deciding whom to employ);
denial of reasonable accommodation for sincerely held religious practices, unless the accommodation would cause an undue hardship for the employer;
workplace or job segregation based on religion;
workplace harassment based on religion;
retaliation for requesting an accommodation (whether or not granted), for filing a discrimination charge with the EEOC, for testifying, assisting, or participating in any manner in an EEOC investigation or EEO proceeding, or for opposing discrimination.

http://www1.eeoc.gov//eeoc/publications/qa_religious_garb_grooming.cfm?renderforprint=1

employer does not have the option of acting in the best interest of his business if it means taking action against the OP for exercising his religious beliefs.
 

davew128

Senior Member
Not seeing the problem with the beard. After all, the lord sayeth:
Every girl crazy bout a sharp dressed man.
 

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