Judge halts California prison system's no-beard policy, pending federal investigation

A federal judge in Sacramento ordered California's prison system to suspend its no-beard policy for peace officers seeking religious accommodations, siding with the Department of Justice pending an investigation by the Equal Employment Opportunity Commission.

U.S. District Judge Daniel J. Calabretta of the Eastern District of California issued a preliminary injunction on June 20 against the California Department of Corrections and Rehabilitation.

The Justice Department's complaint focuses on eight correctional officers -- Sikh, Muslim, and Odinist -- who were denied religious accommodations to wear beards. The officers claim CDCR's "clean-shaven policy," implemented in September 2022, forces them to violate core tenets of their faiths. U.S.A. v. California Department of Corrections and Rehabilitation, 2:24-cv-00925-DJC-SCR, (E.D. Cal. filed Mar. 25, 2024)

"Employees should not have to choose between their job and their religious beliefs," Hussam Ayloush, CEO of the California chapter of the Council on American-Islamic Relations, said.

A representative for CDCR could not be immediately reached for comment. CDCR cited respiratory protection regulations as the basis for its policy. The Justice Department argued that CDCR failed to adequately explore reasonable accommodations for these officers.

Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division said in a statement, "Religious freedom and religious accommodation are bedrock principles of our democracy. We are taking action to ensure that the rights of employees of all faiths are respected and accommodated in the workplace."

Phillip A. Talbert, U.S. Attorney for the Eastern District of California, said his district is one of the most diverse in the nation, and that he would "work hand in hand with the Civil Rights Division to ensure that individuals of all faiths can receive due consideration for appropriate religious accommodations at workplaces in this district."

In October, Gov. Gavin Newsom signed SB 309, ensuring the right to religious headwear, clothing, and grooming for individuals in state correctional facilities.