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No Skirting This Issue
Look it up. It's in the Constitution. Or so argued one municipal transit authority employee when her employer mandated that all employees ' male and female ' wear pants. The employee, Grazyna Zalewska, argued that wearing a skirt was expressive conduct protected by the Constitution and that the ban on skirts implicated her liberty and equal protection rights under it. Expressive perhaps, but not on a Constitutional level, ruled the Second Circuit. Zalewska v. County of Sullivan, 316 F.3d 314 (2d Cir. 1/10/03) (Cardamone, Meskill, & Straub, Cir. Judges).
Zalewska was a van driver for Sullivan County's Meals-on-Wheels program. The County mandated that all employees wear a uniform consisting of a shirt, jacket, and pants. The stated reason for this dress code was to present a positive appearance to the public, create an esprit-de-corps among employees, and for safety. Zalewska objected, claiming that as a matter of 'familial and cultural custom' she never wore pants. She wore a skirt to work despite being told not to do so. She was suspended and later transferred to another position where she was allowed to wear skirts.
Zalewska sued for damages alleging that her due process and equal protection rights as well as her First Amendment rights had been violated. The district court granted the County's summary judgment motion.
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