>>The “Garb Statute,” a provision of the Pennsylvania School Code, prohibits teachers and certain other Pennsylvania public school professional employees from wearing religious dress, marks, garb, emblems or insignia while performing their duties in public schools. 24 Pa. Stat. Ann. §11-1112, Act of March 10, 1949, P.L. 30, art. XI, § 1112. The “Religious Affiliations” policy adopted by defendant ARIN Intermediate Unit 28 (“ARIN”) prohibits all of its employees from wearing “religious emblems, dress, or insignia” in schools under ARIN’s authority, specifically including religious jewelry such as “crosses and Stars of David” as examples of prohibited religious apparel or accessories.
On April 8, 2003, Brenda Nichol was suspended pursuant to the Garb Statute and ARIN’s Religious Affiliations policy from her job as an instructional assistant at the Penns Manor Area Elementary School (“Penns Manor”), a school within Intermediate Unit 28, for refusing to comply with her supervisor’s request that she remove or conceal a small cross she regularly wore on a necklace.
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