Smith v. City of Atlantic City

Case Name:

Smith v. City of Atlantic City

Case Status: Ongoing

Court: U.S. Court of Appeals for the Third Circuit

Clinic Involvement: Counsel

About the Case:

Alex Smith is an Atlantic City firefighter who currently serves as an Air Mask Technician, maintaining and servicing the air masks firefighters wear when entering burning buildings. In this role, Mr. Smith works outside of burning buildings and has never been required to wear a mask himself. Mr. Smith is also a community leader and pastor in Atlantic City. As a spiritual leader, he believes that he has a religious obligation to wear a beard. But the fire department enforces a clean-shaven policy designed to ensure the proper fit of air masks during fires. Even though Mr. Smith’s role keeps him from wearing a mask, the department refused to grant Mr. Smith a religious accommodation.

The district court granted summary judgment in favor of the department, and Mr. Smith’s appeal is currently pending before the Third Circuit. The case presents that court its first opportunity to interpret Groff v. DeJoy, a 2023 Supreme Court case interpreting Title VII. Groff confirmed that an employer can’t get out of its obligation to provide a reasonable religious accommodation unless it meets the heavy burden of demonstrating that the accommodation would work a substantial increased cost on its business. Mr. Smith’s case also includes Free Exercise, Equal Protection, and Title VII retaliation claims.

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