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No Skirting This Issue

By ALM Staff | Law Journal Newsletters |
October 07, 2003

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.

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