I would bet my bottom dollar that some Federal Judge would declare that as an infringement on the employees rights, and rightly so.
It is in theory the exact same thing.
I agree with you that the federal Judge would likely do just as you say (like the health insurance case) but I don't think it would be right. You certainly hit the nail on the head, though, that some rights are more vigorously protected by the judiciary than others. Recently there was a story about a man who was fired from a Catholic organization because (I think) he was active in Kerry's campaign. I think he may even have visited Kerry's website from work or something like that. Does anyone know if there was any legal action from the story? Sorry for the minimalist description, but maybe someone will remember better?
good point