Man fired for not shaving files suit

By CHRISTINA JEWETT

© St. Petersburg Times,
published June 20, 2001

CLEARWATER -- Is it necessary to provide a note from a cleric to prove religious conviction? Gene Rubinstein doesn't think so, but his bosses at a Pik Kwik convenience store didn't agree.

Now, Rubinstein is suing Pik Kwik's parent company for firing him.

Rubinstein says in a lawsuit filed earlier this month in Pinellas-Pasco Circuit Court that he was fired for refusing to shave his beard. Rubinstein points to Bible Scripture that he says prevents him from shaving it. Leviticus 19:27 says, ". . . neither shalt thou mar the corners of your beard."

Amerada Hess Corp., which owns Pik Kwik stores, has a grooming policy that bans beards.

Rubinstein, 46, is suing for damages, claiming religious discrimination under the Florida Civil Rights Act. He had worked at Pik Kwik stores along the gulf beaches in Pinellas County since October 1996.

Carl Tursi, vice president of Hess, said the corporation makes exceptions to appearance standards for people with religious beliefs. Beards and headwear are allowed, but only if the employee provides a note from a religious leader when asked.

"He was unable to give us certification and he gave us a second reason that was personal," Tursi said. "That didn't qualify in our view. We concluded it was a personal preference, not a bona fide religious belief."

Craig Berman, Rubinstein's lawyer, said the second personal reason involves a turnaround in Rubinstein's life. In October 1996 and August 2000, Rubinstein was charged with domestic battery. Rubinstein of Clearwater since has embraced the Jewish faith, and the beard is a reminder to stay on the straight and narrow, Berman said.

The central question in the case will be whether Rubinstein's religious restriction places an undue burden on the Hess Corp., Berman said.

"There were no customer complaints about the beard. As long as the beard is not unsightly it's not an unreasonable accommodation."

Rubinstein would not comment.

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