Fitzpatrick v. City of Atlanta

ANDERSON, Circuit Judge: This suit was brought against the City of Atlanta (""the City"") by several African-American firefighters employed by the Atlanta Department of Public Safety, Bureau of Fire Services (""the Fire Department"") who suffer from a medical condition on account of which they cannot shave their faces. Plaintiffs challenge a fire department regulation that requires all firefighters to be clean-shaven. They allege (1) that this ""no-beard"" rule has a discriminatory disparate impact on African-Americans in violation of Title VII of the 1964 Civil Rights Act, 42 U.S.C. ? 2000e et seq.; (2) that the no-beard rule was adopted for racially discriminatory reasons in violation of Title VII; (3) that the rule discriminates against the handicapped in violation of ? 504 of the Rehabilitation Act of 1973, 29 U.S.C. ? 794(a); and (4) that the rule infringes the firefighters' constitutional right to substantive due process of law.1 The City defends the policy, contending that the respirator masks used by firefighters cannot safely be worn by bearded men. The district court granted summary judgment for the City and the firefighters have appealed. For the reasons set forth below, we affirm the judgment of the district court.