Do Your Dress Code Policies Leave Too Much Uncovered?

Dress code policies are not mandated by any law. Generally, employers may institute dress codes as long as they do not break any workplace health and safety laws, and are not discriminatory.

Dress code lawsuits commonly center on gender discrimination claims, although religious accommodation claims are occur. Banning long beards, hair or head coverings, and various religious items of dress, religious insignias, and other tokens of faith in the workplace are almost always a bad idea.

In today’s liberal dress standards, creating or updating a dress code policy while avoiding a potential discrimination lawsuit is a difficult task. There are a few things that your company should evaluate and address in order to avoid legal hot-water.

The first thing a dress code policy should consider is the environment. It may be appropriate to have different dress standards for office workers versus employees in a manufacturing facility. Secondly, your dress code policy should be clear about what’s appropriate and what’s not. A good rule of thumb is to specify “dos” and “don’ts”, and even to show examples of what is acceptable and not. Thirdly, enforce your policy fairly and consistently, and be prepared to offer personal counseling.

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