Skimpy, see-through, midriff-baring, clothing with tattoos and piercings? How do you draw the line? In yesterday’s Advisor, we laid out the legal issues around dress codes. Today we’ll look at best practices for dress code policies, and introduce a unique program just for those in smaller HR departments.
In general, an employer’s most prudent approach for dress codes is to limit them to workers who deal with the public face-to-face, and to jobs where there are health and safety concerns.
Experts also recommend the following:
—Check for disparate impact. Look closely at the potential impact of any dress rule on minorities, women, members of religious groups, or people with disabilities. If the proposed rule is likely to have a disparate impact on one or more of these groups, employers should be prepared to show a “business reason” for the rule and make reasonable accommodations for employees put at a disadvantage by it.
What are some common “business reasons”? Sustaining a positive public image, promoting productivity, and complying with health and safety standards.
—Try to avoid dress requirements that differentiate by gender. Jacket and tie requirements, for example, might be replaced with a requirement of “professional business attire,” which, in ordinary business custom and practice means suit and tie for men and a business suit for women.
—Communicate the policy to employees. Explain the reasons for the policy and mention the consequences for failure to comply. Consider creative measures to be sure that employees have a good understanding of what is appropriate and what is not. Employers report success with posters, brochures, and even fashion shows to get the word out.
—Apply dress codes consistently. Employers should be careful to apply dress code and grooming requirements evenhandedly to all employees to avoid claims of discrimination. However, when necessary, a reasonable accommodation should be provided for employees who request an exception based on their protected status.
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—Use careful discipline. Discipline for violations of the dress code should be applied consistently and fully documented. Be aware that discharges based on personal appearance factors will be closely scrutinized by courts and government agencies.
—The Generational Issue. Good taste is in the eye of the beholder, but these days, there are four generations of beholders in many workplaces. Your oldest employees likely hold to a traditional sense of dress, and while outnumbered by younger workers at most companies, they often hold the senior positions.
—The Legal Issues. Labor law says little about dress codes but a lot about discrimination. (See yesterday’s Advisor.)Your dress policy must respect the customs of religion and national origin, must not put burdens on one gender more than the other, and must both be consistently applied across the organization and based on good business reasons.
—The Safety Issue. One government agency with a lot to say about dress is OSHA. In general, genuine safety issues trump other concerns in setting dress codes.
—The Implementation Issue. Plan ahead how you will handle violators. Take special care with employees whose intentions are innocent and who see their personal style as flattering, even as others are offended or embarrassed.
Dress codes—an ongoing challenge for every HR manager. But really, it’s one of what, a few dozen daily HR frustrations? We’re talking about intermittent leave headaches, accommodation requests, investigations, training, interviewing, and attendance problems, to name just a few. Let’s face it, in HR if it’s not one thing, it’s another. And in a small department, it’s just that much tougher.
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BLR’s Managing an HR Department of One is unique in addressing the special pressures small HR departments face. Here are some of its features:
- Explanation of how HR supports organizational goals. This section explains how to probe for what your top management really wants and how to build credibility in your ability to deliver it.
- Overview of compliance responsibilities, through a really useful, 2-page chart of 23 separate laws that HR needs to comply with. These range from the well-known Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and new healthcare reform legislation to lesser-known, but equally critical, rules such as Executive Order 11246. Also included are examples of federal and state posting requirements. (Proper postings are among the first things a visiting inspector looks for—especially now that the minimum wage has been repeatedly changing.)
- Training guidelines. No matter the size of your company, expect to conduct training. Some of it is required by law; some of it is just good business sense. Managing an HR Department of One walks you through how to train efficiently and effectively with a minimum of time and money.
- Prewritten forms, policies, and checklists. These are enormous work savers! Managing an HR Department of One has 46 such forms, from job apps and background check sheets to performance appraisals and leave requests, in both paper and on CD. The CD lets you easily customize any form with your company’s name and specifics.
If you’d like a more complete look at what Managing an HR Department of One covers, click the Table of Contents link below. Or, better yet, take a look at the entire program. We’ll send it to you for 30 days’ evaluation in your own office with no obligation to buy. Click here, and we’ll be happy to make the arrangements.
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