With summer just around the corner it is a good time to review your existing workplace dress policy. After all, no one wants to see your receptionist in a speedo or your salesperson in denim short shorts.
Therefore, with warmer weather approaching, here are a few things you should consider when establishing and enforcing dress policies:
- The policy should be in writing. It does not matter whether the adopted policy is put in your employment manual, added as an addendum or set forth as a “stand-alone” policy. The salient point is put it in writing.
- Know what your employees can be prohibited from wearing. California recognizes the necessity for employers to adopt dress and grooming standards based on business needs. These include safety in the workplace, fostering an atmosphere of professionalism, and adherence to accepted social norms or customs. Thus, it is generally permissible to ask that employees not wear the following:
- shorts
- crop tops, halter tops, tank tops and spaghetti straps
- “maxi” dresses
- sun dresses
- jumpsuits, rompers, or overalls
- T-shirts
- flip flops, sandals, and other casual footwear
- sunglasses
- hats
The EEOC will accept dress codes that apply to all employees within a certain job category, even if the dress code might conflict with some workers’ ethnic beliefs or practices. As one commentator has observed, “employers may require employees to leave their nose rings, tongue studs, and other body piercings at home.”
Dress codes can differentiate between men and women so long as the requirements do not affect employment opportunities. For example,an employer can preclude long hair on men but permit it on women. However, California law, with few exceptions, forbids employers from banning the wearing of pants, unless that ban applies to both genders.
Federal law does not recognize gender as a stand-alone category and instead identifies “gender identity, including transgender status” as types of sex discrimination. California’s interpretation of gender includes “gender identity and gender expression.” “Gender expression” in California relates to gender-related appearance and behavior whether or not it is stereotypically associated with the person’s assigned gender at birth. Thus, California law protects employees whose physical and behavioral characteristics are associated with a particular gender. Consequently, any dress code applicable to California employees must take into account this expansive definition.
California law also deviates from federal law in the area of religious dress and grooming practices. California law defines “religious grooming practices” as including “all forms of head, facial, and body hair that are part of the observance” of the individual’s religious creed while Federal law lacks this protection. California law also forbids segregating an employee to achieve a religious accommodation. Thus, an employee with a religious grooming practice does not have the option of accommodating that practice by moving employee away from customers and to a job that does not engage with the public.
If you want to adopt or enforce employee dress policies, check with your attorney to assure the language of your policies conforms with applicable law and is enforceable. Should the occasion arise to enforce the policy, again check with legal counsel to assure it can be enforced in the manner you contemplate.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
