[Avodah] new chumrah

[David Cohen]

As far as bishul yisrael cosiderations go, the "kippah policy" under
discussion seems a little counterintuitive.  Usually, if I see somebody
wearing a kippah, then I can make a reasonable assumption that he chose to
wear it because he is an observant Jew.  But I know that the kippah is
required as part of the company dress code, then I can no longer make that
assumption.  Yes, it may be that every Jew has a chezkas kashrus until
demonstrated otherwise whether he wears a kippah or not.  I'm just saying
that if one does not start with that assumption, then I think that the
"mandatory kippah" policy would be counterproductive.

Leaving the bishul akum issue aside, I can see a restaurant owner reasoning
to himself, "Really, we have the appropriate safeguards in place to ensure
the kashrus of the food regardless of the fact that people who are not
observant Jews are working here.  But because we know that customers may
irrationally feel more confident of the kashrus if they think that all of
the employees are observant Jews, we will institute a dress code that will
lead customers to a correct conclusion (that the food is reliably kosher)
based on incorrect assumptions."  The relevant halachic question then
becomes whether or not such reasoning constitutes ona'ah.

In defense of the policy, though, it may just be analogous to a business
requiring its employees to wear ties, even though nobody expects customers
to think that the employees continue wearing their ties after they go home.
 There is an intangible customer service benefit to having customers
interact with employees who are "properly dressed," and in a religious
neighborhood, being properly dressed includes wearing a kippah.

-- D.C.
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