Can’t people just dress right? It’s such a hassle dealing with employees with prominent tattoos, midriff-baring tops, and see through materials. Let’s let the famous HR Red Book® sort it out.
Dress codes. Most every company needs one, but putting together a policy that everyone understands, and that complies with government requirements isn’t easy. For help we turned to BLR’s HR Red Book, officially named What to Do About Personnel Problems in [Your State].
Federal Dress Code Requirements
First of all, there is no federal law governing employee dress codes. Employers may implement whatever dress guidelines they feel are appropriate, as long as they can provide business justifications for them and as long as they do not discriminate on the basis of gender, race, religion, disability, or any other federally protected status.
State Law Dress Code Requirements
However, some states do have laws affecting dress code requirements. For instance, California has a law prohibiting employers from implementing dress codes that restrict women from wearing pants. Other state laws cover the issue of who pays for uniforms. So be sure to check your state law before finalizing your dress code policy.
While federal law doesn’t directly address dress codes, it does affect them, particularly when it comes to the possibility of discrimination on the basis of gender, religion, or race, or to safety or health concerns.
Dress Codes and Gender
Courts have concluded that employers may enforce dress codes even if they are different for men and women, as long as the standards for each gender are reasonable for the business environment at issue.
For example, you could mandate that men may not wear skirts and must wear ties. Men have tried to complain that necktie rules discriminate against them and women have tried to complain that rules requiring them to wear skirts or dresses are discriminatory; however, courts generally take the position that since dress codes do not involve "immutable characteristics" such as gender and race, they do not necessarily reflect bias.
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Another area in which dress codes have led to discrimination claims is conflict between a dress code requirement and an employee’s personal religious beliefs.
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion. When a dress code requirement conflicts with an employee’s religious beliefs, the employer must carefully examine the situation and accommodate the employee’s religious belief unless the accommodation is an undue hardship for the employer.
Note: For purposes of accommodating religious beliefs, an undue hardship is one that would require an employer to bear "more than a de minimis cost." This is a much easier standard to meet than that required under the Americans with Disabilities Act, which defines an "undue hardship" as one that would require "significant difficulty or expense."
Dress Codes and Race
Dress and grooming requirements may run afoul of federal civil rights laws if they adversely impact a protected class of employees. For example, a grooming requirement that requires male employees to be clean-shaven may adversely impact African-American males because of a skin condition aggravated by shaving (pseudofollliculitis barbae) that occurs almost exclusively among African-American males.
Employers with such policies may want to consider revising grooming requirements to allow for alternatives such as neatly trimmed beards for all male employees.
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Safety and Health Risks
Safety and health issues generally trump other concerns when it comes to dress codes. The courts have upheld an employer’s right to prohibit long skirts and flowing robes in areas where they can present a safety risk, such as around machinery on the factory floor. Long beards and flowing hair may also be prohibited where there are public health concerns (e.g., in a food service or preparation environment).
What About Uniforms?
Employers that require uniforms should be sure the requirement is consistently applied. Employers will be subject to scrutiny for requiring employees of one gender, but not the other, to wear uniforms, particularly those that are risqué or suggestive.
In the tomorrow’s Advisor, best practices for dress code policies, and an introduction to a special program specifically for smaller, or even one-person, HR departments.