The NY Daily News reports:
An NYPD recruit who claimed he was booted from the Police Academy over his scraggly beard filed suit Thursday to get his job back.
Fishel Litzman, an Orthodox Jew, is also suing for unspecified damages.
A 38-year-old Lubavitch Hasid from Monsey, N.Y., Litzman said in the lawsuit filed in Manhattan Federal Court that he was a victim of religious discrimination. He was a month away from receiving his shield when he was notified on June 8 that he was being canned.
Litzman’s attorney said his client would forgo damages if he is brought back in.”
Nathan Lewin said he made the offer in a letter to Corporation Counsel Michael Cardozo.
“This fellow just wants to be a police officer,” he wrote.
A spokeswoman for Cardozo said his office had not seen the complaint.
Litzman entered the Police Academy in January and four days later he was ordered to NYPD headquarters to trim his beard. He refused on religious grounds.
The NYPDs chief spokesman said last week that the department made every attempt to accommodate Litzman, permitting beards that do not exceed 1 millimeter in length.
(Source: NY Daily News)
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20 Responses
This story sickens me to no end. Who one arth does this fellow think he is to force a organization to cave for him? If they have rules and regulations in place, obide by them or seek employment elsewhere. Can you imagine a women applying for a job in Boro Park and lets say she was not modestly dressed. The employer has every right to say, you either conform to our code of dress or seek employment else where. Why is this case any different? Religious descrimination my foot. This country bends over backward to accomodate everyone, shave your beard off pal or get a job at your local supermarket in Monsey
If you want to be a cop that much, then cut the nonsense (pun intended). Plenty of ehrlihe yidden shave and there are even heteirm for sefira and the 9 days ,especially for work. No one is asking you to eat pig or be mechalel shabbos.
I would like to add that I commend your conviction, and don’t claim to be a posek, but I believe if you were to approach a rov and explain that your job, and parnoso for your family require you to shave, you might just be told that shaving is the right thing to do in your case.
I know Fishel Litzman . He’s been paramedic with Maimonides over the last 6 years .. The benefits just don’t add up and he doesn’t see himself supporting his family with it in the long term .. The pay isn’t good in the long term either . He applied to NYPD over 5 years ago .. they screened him to wazoo ..They sent two officers on official police duty to go out to Rockland County to knock on his neighbors’ door for a reference.. All was clear .. He went through the 90% of the academy.. (ends a few days before July 4th when they have their first day in Times sq .) He scored 98% ahead of his pairs in academy … not to mention being very well liked by all the ranking staff .
Also being lubavitch – cutting his beard is like eating traif in the culture .. they knew about his beard and the let him into the academy .
I do not think this Yid should shave his beard, NOR do I think he should give up his desire to be a cop.
It so happens that recently the Israeli police have successfully recruited MANY chareidim into the police force. There was, if memory serves me correctly, at least one article about it right here on YWN within the last couple of months.
To paraphrase his words, this fellow should follow the famous advice of Horace Greeley…
“Head EAST, young man!!!”
Who one arth does this fellow think he is to force a organization to cave for him?
Ever heard of the first amendment? The NYPD isn’t “an organization”, it’s the government and it’s bound by the constitution.
No one is asking you to eat pig or be mechalel shabbos.
Yes, they are. It is exactly the same.
I don’t claim to be a posek,
Exactly, so be quiet and don’t display your ignorance.
Sorry for my ignorance, I didn’t know that shaving is like eating chazer and being michallel shabbos. But thanks or clarifying.
Whats wrong with you? there are rules you cant be a cop with a beard!. if you cant take that find another job. why is everything discrimination? You are only proving yourself not fit to be a police officer with your babyish hissyfit
I didn’t know that shaving is like eating chazer and being michallel shabbos. But thanks or clarifying.
You’re welcome. It’s not relevant whether shaving is against your religious beliefs, all that’s relevant is that it’s against the applicant’s.
Whats wrong with you? there are rules you cant be a cop with a beard!.
Really? Why must there be such a rule? Is it inherent in the nature of the job? Is it impossible for the rule not to exist? Of course not. Was the rule given from Sinai? Again, not. So why shouldn’t he fight it?
if you cant take that find another job.
Why should he? This is a job he’d be good at, and he thinks would be good for him, and he’s spent years training for it, so why should he just accept their senseless edict that he can’t take it? Just because they say so?
why is everything discrimination?
What do you mean by “everything”? There are lots of things that aren’t discrimination, but this pretty plainly is.
You are only proving yourself not fit to be a police officer with your babyish hissyfit
Really? What part of a policeman’s job description includes accepting injustice?
Two points, neither revelant to my stance on the case:
1) Most poskim (I think this is a fair term) DO say it is assur to shave, many min hatorah, some m’drabanan, even with an electric shaver. Perhaps there is some wiggle room with powders more than shavers, but it is still a very reasonable stance to not shave, even though many are makel.
2) Trimming one’s beard is not assur min hatorah or m’drabanan according to anyone. I think it is solely an kabbalistic thing, not to put it lightly. According to halacha, I think it is obvious that one should trim if it is NEEDED for parnassa (which I am not sure is the case here if he could find another job). But, many hold al pi minhag not too even under these circumstances. This stance, while everyone does not need to follow, is totally legitimate in yiddishkeit, and those that denounce it are unfounded. Many gedolim did not trim at all and they knew more than any YWN reader about what’s legitimate or not.
That said, I don’t know if it is the right thing to do to force the NYPD to allow one to follow the practice of not trimming as opposed to finding other work.
DQB
Trimming one’s beard is not assur min hatorah or m’drabanan according to anyone.
The Tzemach Tzedek forbids it, I think mid’oraisa.
I don’t know if it is the right thing to do to force the NYPD to allow one to follow the practice of not trimming
Why would it not be the right thing? What’s the down side?
Dear Milhouse:
“It’s not relevant whether shaving is against your religious beliefs, all that’s relevant is that it’s against the applicant’s.
Really, now? Is it possible that his beliefs are misguided? If you took a minute to read my second comment you will see that I suggested he ask a Rov for guidance. We are talking about parnoso for his family not proving a point to the NYPD.
“Really? Why must there be such a rule? Is it inherent in the nature of the job?”
“There are lots of things that aren’t discrimination, but this pretty plainly is.”
Have you considered that maybe, just maybe, the rules were set down for officer safety and not discrimination and anti-Semitism? How about if he gets into struggle with a perp who grabs his beard and thus gets an advantage? How about the fact that it impedes donning of special masks in the event of a chemical attack? You think its not probable; well in 2010, I’d say 9/11 wasn’t probable either.
Good Shabbos
reply to #1 but he passsed all the tests and hewas best in his group.
Milhouse, this has nothing to do with the First Ammendment. Its not a discrimination against his religion, its a discrimination against bearded people. I guaranty you that if a bearded athiest applied, he would also be canned. There are rules in place and you either obide by them or you look elsewhere for employment.
I am happy Millhouse doesnt run the NYPD
Really, now? Is it possible that his beliefs are misguided?
That’s not possible, by definition. The first amendment protects everybody’s religious beliefs, no matter what they are. There’s no such thing as “misguided”, because that implies that there is a “proper” religious belief from which he is somehow deviating. The only thing the government may inquire into is whether he really does hold the belief he claims; if he does, then the government must respect it.
We are talking about parnoso for his family not proving a point to the NYPD.
No, we’re talking about the NYPD’s legal obligations.
Have you considered that maybe, just maybe, the rules were set down for officer safety and not discrimination and anti-Semitism?
Nobody claims the rule was made out of malice, let alone out of antisemitism. Why must everything be about antisemitism? Antisemitism has nothing to do with this; it’s about race, and this is about religion. It makes no difference whether he’s a chossid or a Sikh; he’s entitled to reasonable accommodation of his religious beliefs.
How about if he gets into struggle with a perp who grabs his beard and thus gets an advantage?
Same with a female cop’s long hair. Or what if he grabs any other body part? In any case, it’s not a reasonable worry with this guy’s tiny beardlet.
How about the fact that it impedes donning of special masks in the event of a chemical attack?
The Israeli army and police have a mask that goes over a beard. There’s no reason the NYPD couldn’t get one for him.
#11, Rav Chaim Volozhiner says that the Zohar’s commenets only refer to one who c”v shaves with a razor. The Gra, in fact, says that there is only one machloket between the Gemara and the Zohar – if one may walk past someone who is davening Shemoneh Esrei on the side. Anybody who thinks he found another machloket either didn’t understand hte Gemara or didn’t understand the Zoahr or didn’t understand either.
#19, Just becuase R Chaim Volozhiner or the GRO paskened that way doesn’t mean Mr Litzman has to agree, just as the Tzemach Tzedek’s psak doesn’t mean you have to agree. It’s irrelevant what RCV or the GRO held; the only thing that’s relevant is what the plaintiff believes.