Hair Apparent

Suspended for not shaving, a Muslim firefighter can now return to the job.

by J.F. Pirro

A Common Pleas Court judge has ruled that a Muslim firefighter who refused to shave his beard, citing religious beliefs, must be permitted to return to work. The city, however, plans to appeal the decision which marks the first test of Pennsylvania's three-year-old Religious Freedom Protection Act.

Curtis De Veaux, a second-year firefighter who worked on West Philadelphia's Engine 44 B platoon, had been suspended since Feb. 3 for refusing to shave. His superiors had ordered him to do so, as the department maintains its grooming policy insures a respirator's proper seal on a firefighter's face [News, "Firestorm," J.F. Pirro, March 24, 2005].

Judge Joseph A. Dych's decision, issued last week, prevents the city from firing De Veaux or withholding what he says is already $10,000 in backpay. Mary Catherine Roper, De Veaux's ACLU attorney, says the ruling ensures her client "doesn't have to choose between his faith and his career." The act maintains a government agency "shall not substantially burden a person's exercise of religion."

"I can breath a little easier," says De Veaux, a newly-devoted Muslim who, for months, has defied the Fire Department's "Mr. Clean" grooming policy and grown a beard as a sign he's a follower of Islam. "I feel like it's not just a victory for me, but for Muslims in general."

This week, the City of Philadelphia initiated "an appeal process," according to Mayor John Street's spokeswoman Deborah Bolling. She says the Fire Department is "disappointed with the judge's ruling." Of the potential appeal, Roper says, "this should not be a hard case."

The precedent-setting case could lead other city and state employees to question policies that they feel infringe upon religious beliefs and practices.

Despite the court victory, there's been no announced date for De Veaux to report back to work, and no indication of how or when he'll receive his backpay. Upon his return, De Veaux will have to take a mask-safety test, which he says he'll pass even if the department wants him to fail. There's also no sense of how he'll be treated once he returns to the station at 34th Street and Haverford Avenue.

Though Roper says the department has since changed its policy, calls to Ron Augustyn, deputy commissioner for administrative services, were not returned. Bill Gault, vice president of the International Association of Fire Fighters Local 22, did not return an e-mail seeking comment. Gault had previously said De Veaux should "shave and keep your job."