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Published on March 25, 2024
Justice Department Intervenes to Protect Religious Freedom of Correctional Officers in California Against CDCR Beard PolicySource: Google Street View

The Justice Department has taken a stand against the California Department of Corrections and Rehabilitation (CDCR), seeking a court order to immediately halt the enforcement of a policy that has placed religious correctional officers in a bind. The legal move, aimed at protecting the freedom of religious expression for officers, challenges CDCR's restrictions on wearing beards, which clash with the religious customs of Sikhs, Muslims, and others.

According to a statement from the Department of Justice, Assistant Attorney General Kristen Clarke emphasized that "Sikhs, Muslims and employees of other minority faiths should not have to choose to violate their jobs or the practice of their faith." The DOJ's action comes at a time when the EEOC investigations into multiple complaints of religious discrimination remain ongoing.

The policy in question has already resulted in significant distress among the affected officers, who have reportedly faced not only the jeopardy of their positions but also the indignity of community ostracization. "The department asks the court to order CDCR to stop enforcing its facial hair policy against officers who request to wear a beard because of their religious beliefs," the DOJ’s complaint states, highlighting the failure of CDCR to fully consider reasonable accommodations.

U.S. Attorney Phillip A. Talbert emphasized the action's significance, noting in an official DOJ release that "The action brought today is an important use of the federal civil rights laws to protect this religious expression." Meanwhile, the DOJ has urged CDCR to engage in dialogue and find a balance to seamlessly accommodate faith practices while ensuring officer safety.

For those who are experiencing similar challenges, the Justice Department has recommended contacting local EEOC offices or state and local fair employment practice agencies. This development underscores ongoing efforts by the Department's Civil Rights Division to enforce the provisions of Title VII and safeguard workplace rights against discrimination.