Legal Question in Constitutional Law in New York

Re: religious rights

Yes. I think the requirement is unwise and unfair, but the law genrally requires neither wisdom nor fairness.

The rule you describe is non-discriminatory since it applies to all religions equally, and is content-neutral because it applies to non-religious messages the same way it applies to religious ones. Whether the government could impose such a regulation would depend upon its reasons, but a private entity like your employer can impose this type of rule and can fire employees who violate it.

Unless your faith actually requires you to wear such jewelry, your employer can enforce this rule against you.

Re: religious rights

It's an interesting question, and I'm not sure the answer can be given clear yes or no response as the law exists currently. The state of religious accomodation law has evolved siginificantly within the past 5 years.

Employers generally have wide lattitude to impose rules and restricitions and cannot discriminate against or in favor of one relgion over another, but employers must make reasonable accomodations for the religious beliefs and expressions of their workers.

Recently in New Jersey, an employer was prohibited from forcing a Muslim worker from shaving his beard. In New York a Sikh sued successfully to be allowed to wear his turban at work, eventhough the employer had a "no hats" rule. However, the Supreme Court about 15 years ago ruled that the Air Force could prevent a Jewish chaplain from wearing a head covering while on duty. Recent legislation in Congress, regarding religious accomodations in the workplace, could cause the Supreme Court to take a new view of a new case should it reappear as a dispute.

The bottom line is that if the cross is a bonafide expression of your religious beliefs, and is not disruptive to your work environment, I do not believe your employer can force you not to wear it (they may be able to ask you to keep it concealed, and may be able to ask you to restrict the size), but an outright ban seems to me overly restrictive and probably illegal.

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