If the rule by itself is dumb or not is another matter.
No. It’s not another matter. It’s the entire matter. That’s my point.
I know what I described is your second option. But I’m deliberately putting the focus on the original rule, because that is where the problem lies.
The rule disproportionately affects people who wear headwear. The rule basically makes that job inaccessible to those whose religion requires headwear. The rule is discriminatory in its effect, even if not in its wording or intention. So the appropriate action is to rethink the rule. If there is no strong reason why the rule exists, and it has these discriminatory effects, then the rule should change.
And I find that very structure harmful. Because by formulating the question asked of the court in a specific way, then limiting the answers it can give to only that question, you can force these kinds of discriminatory judgements while pretending that that wasn’t the point.
The court should be able to say, as part of the ruling, that while exemptions should not be given on religious grounds, justification for rules that are considered to infringe on religious freedoms may be asked for.
We can easily give a reason why discrimination should not be allowed while serving the public, and similarly why antlers cannot be worn in a workshop.
Which is ridiculous because a hypothetical religion could use pants as a symbol of their faith and suddenly pants are banned.