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Posted January 28, 2007 EST

Firefighter Files Suit Over Policy On Facial Hair
United States (Virginia) - For six years, Eric O. Ampadu was given an exemption from the Fire Department's grooming policy because of a facial skin condition. Then last year, a fire official rescinded Ampadu's exemption, according to a lawsuit filed in U.S. District Court. The suit seeks more than $75,000 in compensatory damages, plus unspecified amounts for lost pay and other benefits.

It is unclear in the suit if any disciplinary action was taken against Ampadu by fire officials. His attorney, Frederick Marsh, did not return calls for comment Thursday or Friday.

The skin problem cited in the suit, pseudofolliculitis barbae, is described by several medical Web sites as "razor bumps." The condition can cause ingrown hairs and is irritated by shaving, according to several online sites and the lawsuit. It primarily affects black men.

The Fire Department's policy -- before it was revised in August 2006 -- did not permit beards or goatees. Mustaches trimmed to listed specifications were allowed.

The revision in August added a medical exemption, specifically listing the condition that Ampadu says he has. The change allows anyone with a "diagnosis in writing by a physician" to apply for an exemption.

Even then, according to the policy provided by the department, firefighters must shave "as close as possible without irritating the skin." Facial hair cannot interfere with the seal of the air masks they wear while battling blazes.

City Attorney Ron Hallman said he did not know what prompted the change in the department's policy. The city, he said Friday, had not been served with the suit. He said he was "aware that these types of suits have been filed in other jurisdictions."

"We will look at it and determine what the appropriate response should be," Hallman said.

The city of Portsmouth recently paid $190,000 to eight police officers to settle a similar claim. The officers challenged their department's shaving policy and filed discrimination charges with the Equal Employment Opportunity Commission in 2005.

The Portsmouth Police Department revised its policy to allow medical exemptions for officers who get approval from the city.

Written by The Virginian-Pilot

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