Grazyna Zalewska v. County of Sullivan, New York, Judith Maier and Terence O'Neill

CARDAMONE, Circuit Judge.

On this appeal we are asked to consider whether a municipal transit authority’s dress code which mandates that all employees wear pants as part of a driver’s uniform is an unconstitutional infringement when applied to a female employee who seeks to wear a skirt. The female employee alleges that her Fourteenth Amendment rights to due process and equal protection of the law, and her First Amendment right to free expression were all violated by the governmental directive. The Scots’ poet Robert Burns wrote that rank and clothes are “but the guinea’s stamp,” and that “[a]…