Yeah, but does a Santa hat really detract from the "espirit d'corps" of the garbagemen? Its not exactly the same thing as rifling through the trash, thumbing through porn, and sniffing discarded booze bottles, is it?

And, again, I recognize that the employer had the right to make the call, but was it the right call?

Next question: suppose, instead of a Santa hat, the men were Jews who wanted to wear Yamulkes. Would the government still have the right to ban their headgear?