Joseph Quinn and summer associate Mark Schaeffer discuss in Law360 a significant decision by the U.S. Court of Appeals for the Third Circuit in Smith v. City of Atlantic City, which ruled in favor of a firefighter, Alexander Smith, who was denied a religious exemption from a grooming policy requiring firefighters to be clean-shaven for safety reasons. The court found that the policy was not generally applicable due to exceptions in related safety protocols, triggering heightened scrutiny under the Free Exercise Clause. This case sets an important precedent for municipal employers, emphasizing that safety policies, even if facially neutral, can be legally vulnerable if exceptions exist elsewhere in the framework. Employers are advised to review policies holistically, apply rules consistently, limit discretion, document safety justifications thoroughly, and train staff on religious accommodations to ensure compliance with federal law.
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