California ordered to pause its ‘No-Beard Policy’ on peace officers

A federal court paused the California Department of Corrections and Rehabilitation’s (CDCR) “no beard policy” for peace officers this week, claiming the policy did not accommodate peace officers wanting to grow facial hair for religious or cultural reasons.

Council on American-Islamic Relations (CAIR) CEO Hussam Ayloush believes these religious observances are “integral parts” of one’s identity. “No employee should have to choose between their job and their sincerely held religious beliefs.”

CAIR and the ACLU in Northern California represented Mubashar Ali, one of the plaintiffs who was named in the action. According to Managing Civil Rights Attorney Layli Shirani, Ali shaved his beard for nearly 18 months “at great spiritual harm.”

“Accommodation for these beliefs is not just a courtesy, it is a fundamental right that must be respected in every aspect of public service,” Ayloush said.

The Equal Employment Opportunity Commission (EEOC) — a federal agency — has been investigating complaints that CDCR does not accommodate POs who wear beards for religious reasons.

The U.S. Department of Justice (DOJ) also asked a federal judge in Sacramento to stop CDCR from enforcing its no-beard policy. The court agreed to pause the policy on Wednesday.

“While this is a provisional victory, it is a very positive step toward restoring respect for religious freedom for men of the Muslim and Sikh faiths at the CDCR,” Shirani, Mubashar’s attorney, said.

According to the CDCR, affected peace officers will be allowed to either continue their duties or receive paid leave until a permanent decision has been made.

Moving forward, the DOJ will update the court when the EEOC completes its investigation. If CDCR is following the law, the pause might end. If CDCR breaks the law, the DOJ will consider taking “additional steps.”

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