Hebrew v. Texas Department of Criminal Justice

Elimelech Shmi Hebrew (plaintiff), who belonged to the Hebrew Nation religion, took a Nazarite vow to keep his hair and beard long. He kept that vow for over two decades before being hired as a correctional officer by the Texas Department of Criminal Justice (TDCJ) (defendant). At the TDCJ training academy, officers told Hebrew that he needed to cut his hair and shave his beard to comply with the TDCJ’s grooming policy or else leave the academy. When Hebrew refused, explaining his religious vow, the officers forced Hebrew to leave the academy without pay while waiting for the TDCJ’s response to an accommodation request. Two months later, Hebrew received a letter stating that his accommodation request was denied because beards prevented gas masks from sealing properly, long hair could be used by an offender to overpower Hebrew, and contraband could not be easily detected in long hair. When Hebrew still refused to cut his hair or shave his beard, the TDCJ terminated his employment. Hebrew sued the TDCJ, asserting claims for religious discrimination and failure to accommodate under Title VII of the Civil Rights Act of 1964 (Title VII). The TDCJ moved for summary judgment, arguing that (1) it had a legitimate reason for Hebrew’s termination, namely promoting safety and security, and (2) it was not required to make a reasonable accommodation for Hebrew because doing so would impose a more than de minimis hardship in the form of coworkers performing extra work like searching Hebrew’s hair for contraband. The district court agreed, granting summary judgment in the TDCJ’s favor. Hebrew appealed.