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HR Hot Topics |
Dress Codes
One of the oldest workplace policies deals with dress codes or appearance standards. Do a little research on your company and it’s almost guaranteed that you'll find something on this subject. It may be unwritten, but it’s there. Despite the fact that dress codes have been around for a long time, the law is pretty sketchy on the subject. Accordingly, you have quite a bit of flexibility when you write a policy on dress or appearance. You certainly have the flexibility to have a dress code that is business-related, promotes the image your company needs, or comports with your customers' wishes. Related articles on Dress Codes So can your dress policy prohibit your employees from wearing jeans, short skirts, tight-fitting clothes, muscle shirts, and flip-flops? Can you prohibit your employees from having visible tattoos or body piercings, wearing earrings (particularly multiples), and displaying funky hair? Generally speaking, the answer to both questions -- from a legal perspective -- is yes. But here are three caveats: Discrimination claims do occasionally arise out of dress codes.These can be related to sex or gender (e.g., no earrings for men but they're OK for women), religion (e.g., wearing of head coverings that certain religions require is forbidden), or race (e.g., dreadlocks are prohibited). Although you probably can have a dress policy addressing all those things, get some legal advice just to make sure you're on safe ground. When it comes to religion in particular, you have to accommodate an employee's religious beliefs if it doesn't cause you an undue hardship. Be practical with your dress code.It may make perfect sense for you to have a fairly stringent policy for employees who meet the public on your company's behalf, regularly deal with customers, and are otherwise your company's face. But does it make sense to have that same policy for employees who work in the warehouse? Who are on the assembly line? Who do nothing but take calls in a call center? Be consistent in the application of your dress policy.Some of the discrimination claims that arise out of dress codes really arise out of their inconsistent application. Related articles on Dress Codes from the State Employment Law Letters
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