Are female teachers allowed to wear pants?
Someone mentioned a tuxedo. What if the teacher came to work in a suit and tie and that proved distracting to the students (many of whom, as written above, come to school in pajamas)?
At what point should the teacher's right to dress himself (or herself) be curtailed because it proved distracting to the students? Is the question, what does the teacher have the right to wear (in this case with a government institution for an employer, that should be anyuting that doesn't violate public decency laws) or is it what will not prove distracting to the students? Because the latter is a very subjective standard (the opinion of 150 teenagers) and may end up clearly violating the teacher's civil rights.
I don't know if this question has been fully explored in the courts: can an employer, public or private, discriminate against an employee because who they are has a negative outcome on performance? This is one case in which some mayu successfully argue that being an open transvestite makes holding proper class impossible, and thus rule that a dress code for men and women may be enforced. But what if a real estate company that caters to affluent neighborhoods doesn't hire a fully qualified black realator because, the company argues, most of their clients don't like black people. Federal law bars the prospective employer from discriminating against someone based on race, however, in this case, it's not because of a personal prejudice, but how race would play a role in job performance.
In the case of the teacher, no one is saying that any American man doesn't have the right to wear a dress out in public, but does that right take a back seat if the students can't handle the teacher exercising thay right as he currently desires to? And if that's the case, if the students were distracted by having a woman (wearing pants) or a simply a black man as their teacher, should their civil rights take a back seat, too? You might say that what you wear is a choice and not the same as your gender or race, however, like it or not, you will find expert opinions that state that transvestites are wired differently and thus the desire to dress as the opposite gender isn't a choice.