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E.E.O.C. v. UNITED PARCEL SERVICE

No. 86-1029.

860 F.2d 372 (1988)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. UNITED PARCEL SERVICE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 28, 1988.

Attorney(s) appearing for the Case

Warren Bo Duplinsky, Atty. (Johnny J. Butler, Acting General Counsel, Gwendolyn Young Reams, Acting Associate General Counsel, and Vella M. Fink, Asst. General Counsel, with him on the briefs), E.E.O.C., Washington, D.C., for plaintiff-appellant.

William H. Brown, III of Schnader, Harrison, Segal & Lewis, Philadelphia, Pa. (Steve D. Shadowen of Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., and John R. Webb of Holme, Roberts & Owen, Denver, Colo., with him on the brief), for defendant-appellee.

Before McKAY, BARRETT and TACHA, Circuit Judges.

McKAY, Circuit Judge.

Mr. Jerome Patterson, a package delivery driver for the United Parcel Service, filed a charge with the Equal Employment Opportunity Commission challenging UPS'"no-beard" policy. UPS had, and still maintains, an express policy that employees in public contact positions cannot wear beards. Mr. Patterson suffers from pseudofolliculitis barbare ("PFB"), a skin condition, both painful and disfiguring, which affects approximately twenty-five percent...

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