NYPD's Grooming Rule Violates Free Exercise Rights of Orthodox Jewish Officer

NYPD Sued Over a Beard: Litzman v. New York City Police Department 

Fishel Litzman, a member of the Chabad Lubavitch Orthodox Jewish community, has passed required tests to be accepted into the NYPD Police Academy. According to Litzman rules and tradition based on rabbinic interpretation of Leviticus 19:27, which states; “Ye shall not round the corners of your heads, neither shalt thou mar the corners of thy beard.” Many Orthodox Jews interpret this message as to not shaving ones beard with a blade. In the past, which there was no other mean to shaving but using a razor Orthodox Jews just grew their beards out. However, in the today.s society many electric razors shave using a scissors action and some of the new electric razors which use a blade are not allowed, and thus some Orthodox men choose to shave with new technology electric razors that do not have a blade. For most people religion is based on ones interpretation of their religion sacred text. In this case, as for many other Orthodox Jewish men, he interpreted the text as a rule and tradition to grow his beard and not take a chance with other forms of blades that could potentially violate his religious practice. 

The NYPD Police Academy swore Fishel Litzman as a Probationary Officer on January 9^th 2012. In the NYPD’s Patrol guidelines prohibits police officers from growing beards but makes exception for undercover duties, medical conditions, and religious accommodations, which has to be approved by the Police Surgeon or the Deputy Commissioner of the NYPD’s Office of Equal Opportunity, OEEO,. By going by these guidelines medical and religious exceptions related to facial hair, beards in this case must be one millimeter or less. Litzman sent in multiple requests to accommodate to his religious purpose of having a beard that is 1-inch in length. The NYPD denied Fishel Litzman request for an exception and was subjected to cut his beard shorter. Litzman disregarded the NYPD department request and was soon fired for not cutting his beard. When he was fired Litzman filed a suit against the NYPD that his First Amendment of free exercise was being violated.

The NYPD’s position is that it cannot accommodate Plaintiff’s one-inch beard because newly graduated police officers must shave at least once each year to be certified to use an MSA Millennium model respirator, providing the NYPD a health argument to the beard length limit. For this process the officer must go through a fit-test which is a series of seven one-minute tests to determine whether the respirator properly seals the officer’s face. Proper sealing can not be capable with facial hair, a test that is giving to all police officers on the force. The NYPD use one example in case of an emergency when officers must apply a gas mask, the respirator, to their face and having a long beard would make that process difficult leading to injuries. This example that could lead to the injuries of others as well it carried a burden of showing that an accommodation would create "undue hardship." The New York City Human Rights Law similarly requires accommodation, but has a definition of "undue hardship" that creates a much higher hurdle for the employer. 

 The defendant argued on different various points on how this rule was not neutral and strictly violated Litzman free exercise. The defendant made the comparison in which they agreed that the guidelines were being enforced and exceptions were giving for undercover reasons, but there are those who have beards and are not being fired based on the one-millimeter beard rule. An issue that the court agreed on by stating:

"Here, the undisputed record demonstrates that de facto exemptions to the one-millimeter rule abound. The ... NYPD provides temporary exemptions to police officers who grow beards beyond the one-millimeter limit for special occasions, such as religious holidays, weddings, and funerals.... Defendants also admit that the NYPD has police officers with beards in excess of one-millimeter in length, not only because of formal exemptions due to undercover assignments, but also because the NYPD does not always enforce its personal appearance standards....  Because there is evidence that the NYPD exercises discretion with respect to a facially neutral rule in a discriminatory fashion, strict scrutiny is appropriate."

 Litzman also advises his religious leaders on what he can do if an emergency situation happens, which they told him that he could shave his beard in a life threatening situation for his life or lives of others and will not violate his religion practice. The defendant also attacks the NYPD regulation on the beard being one millimeter as they argue that it was not shown or proving to be found in the guidelines of the NYPD. Since the rule on length was strictly placed in the regulations Litzman did not violate the length issue.

The federal court ended up siding with Litzman on the NYPD infringing on his Free Exercise. I agree with the court and the defendant on this issue. Even though Litzman knew what he was getting into from the very beginning the NYPD did not present a very good case. One issue I saw that gave the defendant the right to fight against this is the exception the NYPD gives. Making it neutral to all religions making the guideline Constitutional, the issue arrived when they provided a length limit. By having a limit will give the NYPD the right to discriminate against certain people and religion practices. Such as Muslims and Orthodox Jews that has a history and practice of growing out long intensive beards.