If I remember from my graduate HR Legal classes, If that happens, and the business has created an environment where your legal choice to participate or not then creates a hostile environment against you, that could possibly be argued as "Disparate Treatment" under the law. Also possibly fall within the bounds of Disparate Impact". NOW ... that being said, disparate impact laws have 'protected classes' as the center of gravity for those types of claims. I'm sure a rock star lawyer could probably pull the tread far enough to get there.