Phil Jacobs v. Ken Kunes and County of Maricopa

OPINION

Before WRIGHT, CHOY and GOODWIN, Circuit Judges. CHOY, Circuit Judge:

Defendant Kunes is the County Assessor of Maricopa County, Arizona. His office assesses property, collects some taxes, and handles motor vehicle licensing. The plaintiffs were employed in the Assessor’s office.

Kunes, in response to customer comments, issued a memo requiring that male employees wear their hair cut above the collar. Three employees complied. When the plaintiffs did not, they were suspended and eventually fired.

Plaintiffs thereupon brought a Civil Rights Act, 42 U.S.C. § 1983, action in federal district…