Casual Dress Code Policy Your company's objective in establishing a relaxed, casual, and informal work dress code is to enable our employees to work comfortably in the workplace. They might require hair to be a natural colour, or might specifically mention hair (or facial hair) styles. Do Not Sell My Personal Information. According to the Equal Employment Opportunity Commission (EEOC), businesses can establish a dress code that applies to all employees, or employees in a … This article is meant to provide a general overview of what lawyers should wear and what to avoid. Shaving. Dress code. For employers of unionized workplaces, the primary consideration is whether the dress code policy is reasonable. This is true whether the policy discriminates explicitly or simply has a disparate impact on one group. Employers regulate clothing, piercings, tattoos, makeup, nails, hair, and more. The consulting process does not require you to give in to majority demand for salespeople to be allowed to wear football shirts, but you may find that employees come up with some very reasonable requests. Please tell us why the information did not help. Providing flexibility to employees is an effective way for employers to avoid running afoul of the Code. As you create a dress code, think carefully about what you’re asking. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Dress standards related to specific enterprise agreements or occupational health, safety and welfare are generally considered reasonable. Dress codes and appearance at work. Generally speaking, employers have the legal right to establish dress and grooming codes for employees. In part 1 of our three-part series, we discussed what virtual team building is and why it’s so important. A policy requiring employees to be clean-shaven might discriminate against African Americans, who are more likely to have a skin condition that makes shaving painful. A dress code is discriminatory if it treats one group of people less favourably than another, and it is unreasonable to do so. Employees often mention hair, and facial hair, within their dress code policies. Are these policies legal? There should be a statement of expectation in regards to the style and look – whether that’s business attire or … “If men are required to wear a suit and tie, an employer can mandate that female employees dress in analogous type of business attire,” said Jeffrey Kimmel, an employment lawyer and partner at the national law … • A workplace dress code is a set of standards that employers develop about what is appropriate for employees to wear to work. There are instances when dress code requirements are a part of the safety system of a job. Workers might be asked to tie their hair back and wear a hat if they work in food preparation. This means that an employer can request that they’re covered or removed, with a valid business reason for doing so. For example, men and women can have different dress codes if the dress codes do not put an unfair burden on one gender. For safety reasons or to create a good image, you may want to make it clear that slippers are not appropriate workplace footwear. KCY at LAW has significant experience helping employers craft fair and enforceable workplace policies that will protect your business interests while respecting your employees’ rights to individual expression. Many employers have policies that regulate employee appearance and dress. Law Firm’s Dress Codes. Religion must also be considered when implementing workplace dress codes. They must be ‘equivalent’, which means that you can’t expect women to wear formal black shoes whilst you allow men to work in their trainers, but that men and women don’t need to have exactly the same workplace dress code. The typical office dress code is considered to be reasonable, as long as it applies to both men and women equally. Put another way, an employer in a union context may only impose requirements for employee dress and appearance for legitimate business reasons, such as workplace health and safety, or the company’s image. By late June, the petition had amassed almost 150,000 signatures and had received a Government response: “Company dress codes must be reasonable and must make equivalent requirements for men and women. When they’re not essential for health and safety, they can still be of benefit to the business. The government equalities office published a report on dress codes and sex discrimination in May 2018. Because all casual clothing is not suitable for the office, these guidelines will help you determine what is appropriate to wear to work. It is important for employees to understand that their appearance at work is a direct representation of their company and makes a lasting impression — both positive and negative — on customers, company visitors, and other employees. If there is a workplace rule against offensive tattoos, and if that rule is deemed to be reasonable in the circumstances, then there might be cause for discipline and, ultimately, dismissal. Many employers require their employees to follow a dress code. In hospitals and other medical environments, employees can be asked not to wear jewellery below the elbow. A dress code should not directly discriminate against an employee, or indirectly discriminate against an employee unless the requirement can be objectively justified. Workplace Dress Codes and Employment Law By Tammy Binford May 15, 2012 HR Hero Line Because styles and new thinking about what’s acceptable attire in the workplace are ever changing, HR professionals continue to struggle with dress codes . Put another way, an employer in a union context may only impose requirements for employee dress and appearance for legitimate business reasons, such as workplace health and safety, or the company’s image. ... A reasonable accommodation is any change in the workplace (or in the ways things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment. You should have a good reason for anything that you ask of your employees. Some religions have their own requirements regarding hair or facial hair. It might also discriminate against employees whose religious beliefs require beards. They must give their employees time to meet those demands, but can dismiss members of staff that don’t follow workplace dress codes. Address probable areas of conflict and specific problem areas that have or are likely to occur in your particular business. You might also want to offer extra help to those that will struggle with the cost, perhaps by offering a small wage advance to cover the immediate expense. Federal law prohibits employers from discriminating against employees based on race, color, national origin, sex (including pregnancy), religion, disability, genetic information, or age (if the employee is at least 40 years old). This may be, for example, professional, smart, business casual, casual etc. Without sacrificing workplace image, employers will benefit from implementing a dress code policy that has some flexibility built into it. However, an employee whose disability prevents compliance may require a reasonable accommodation. Dress code discrimination in the workplace High heels jumped straight off the fashion pages and onto the front pages last week when a Receptionist launched an online petition after refusing to comply with her employer’s female grooming policy. An employee can’t wear a necklace against the existing dress rules of a company, simply because it features a religious symbol. they are also entitled to implement workplace dress code policies. With 2020 (finally) coming to a close, we take a look at some of the key trends of the past year. The workplace dress codes are not just any code. For example, if an employee who uses a wheelchair would suffer discomfort from wearing a stiff uniform all day, the employer may have to allow the employee to wear something similar (for example, clothing of the same color and style) that won't cause the same problems. If an employer has a dress code, it should modify it to avoid gender stereotypes and enforce it consistently. They must give their employees time to meet those demands, but can dismiss members of staff that don’t follow workplace dress codes. An employee whose tattoos or piercings must be displayed for religious purposes might have a discrimination claim. Moreover, the code indirectly (non-verbal) tells you about the standards and expectation of the employer. Following her experience, Thorp created an online petition to ‘make it illegal for a company to require women to wear high heels at work’. But certain limitations are imposed by federal and state laws prohibiting employment discrimination in the workplace. South Africa has no formal guidelines or regulations canvassing the often controversial topic of office dress code. They portray the atmosphere and culture of that organization. But we haven’t let the events of this year stop us from moving full steam ahead with more changes and planning for the future of your HR software! Employers must keep equalities concerns in mind when implementing dress code policies. Some religions have rigid standards of dress. It is best practice not to introduce dress code policies relating to aesthetic as these cases are very difficult to justify. If you have any doubt about the acceptability of your attire, please speak in the first instance to your line manager. Nevertheless, gender-based dress codes continue to raise concerns in the workplace. An employer will often have a dress code for a workplace or part of a workplace, especially if the employees are dealing directly with the public. State laws may prohibit employers from discriminating based on additional traits, such as marital status, sexual orientation, or national origin. This, in itself, is a dress code. If your employer refuses to accommodate your concerns, you may want to talk to an experienced employment lawyer. An employee could file for discrimination if they were treated negatively for having a beard or long hair, for example, when it is a requirement of their religion. Or, if your employer is concerned about neatness, you could offer to pull your hair back while at work. “Dress Codes 101,” Connecticut Employment Law Letter 11, no. A workplace dress code might be considered reasonable because it helps customers to identify members of staff, or because it improves health and safety. However, an employer that required employees of only one gender to wear uniforms or follow a dress code might be violating the law. The dress code policy of a company details how employees are required to dress when they are at work. Employers should ensure that any dress code they propose does not amount to discrimination. Employers that create and enforce poorly drafted gender-based dress code policies assume the … And with the right team building activities, getting everyone on the same page will be a breeze. However both the Employment Equity Act of 1998 (EEA) and the Labour Relations Act No 66 of 1995 (LRA) contain provisions outlawing discrimination and dismissals related to discrimination.What is deemed appropriate will be dictated by the industry and the individual nuances … Employers that create and enforce poorly drafted gender-based dress code policies assume the … Michael Fondungallah, the paralegal in Minneapolis, has this advice to offer: Before taking a job offer, ask about the dress code of the company you are going to work for. The dress code, however, must not be based on religion or gender, and must be enforced fairly and equally between both women and men to avoid charges of discrimination. They may raise dress code issues that you hadn’t previously considered. It is often the case that employees in offices don’t come into contact with customers. This means that they can be asked not to wear watches or bracelets and will even have to take off their wedding rings. If you already have a policy in place, remind employees of the policy before the return to the office. regard to dress code and appearance in the workplace which should be appropriate to an employee’s specialism, be clean, non-threatening and not be overtly sexual. The employer would need to justify their decision and include it within a written policy. The women and equalities committees and petitions committees produced a report on ‘High heels and workplace dress codes’. By law, employers are not permitted to discriminate against employees for their religious belief, including their commitment to their religious standards of dress. If you are a clothing retailer targeting young customers, your employees could have a much more flexible dress code, compared to the dress code that would be in place for a law firm. However, federal laws prohibiting gender or religious discrimination may provide protection for an employee who wants to dress a certain way at work. Please tell us why the information did not help. Employers should be flexible and not set dress codes that prohibit religious symbols – particularly in cases where they do not interfere with an employee’s work. It's legal for an employer to require all employees, including those with disabilities, to wear a uniform or follow a dress code (for example, that employees wear professional business attire). As is often the case in employment law, the answer is that it depends. They do not contain any measures to toughen up sanctions on organisations with discriminatory rules, however, and have been criticised by one employment law firm. ‘Dress down Friday’ is a popular one with workers! Email address. Conflict and tension can arise when an employer’s dress code differs from the standards set out by the employee’s religion. Every company will have a workplace dress code policy, even if the company says they don’t (ie a casual environment). Dress Code. According to the law, however, dress codes can be different for men and women. If you are asked [about your apparel], explain why you wear what you wear and the history of the outfit. Call us … Undoubtedly, they have the potential to affect an individual’s personal choice outside the workplace. Intelligent feedback analysis at your fingertips. The attorney listings on this site are paid attorney advertising. A dress code is a set of standards that companies develop to help provide their employees with guidance about what is appropriate to wear to work. • Dress policies for men and women do not have to be identical, but standards imposed should be equivalent. The adjustments required will be different for each individual. Employees will need to ask their employers if they’d like to make an exception to the dress code for a specific day, event or occasion. Employers can enforce dress codes and still comply with the law. In part 2, we are going to cover some great activities and exercises that can be used to get your team more engaged while working remotely. Providing flexibility to employees is an effective way for employers to avoid running afoul of the Code. Managing remote teams can sometimes be tough for virtual team leaders – but it isn’t impossible! On the other hand, it would be unfair and unreasonable for an employee to allow necklaces but to ban religious jewellery, without a valid business reason for doing so. Dress codes … Business casual dress is the standard for this dress code. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Employers can also implement different dress codes on different days, as long as this information is effectively communicated. Dress codes may regulate clothing, piercings, tattoos, makeup, nails, hair, and more. Nicola Thorp claims to have asked her employer if they required men to wear high heels, and said that she was laughed at for the suggestion. These laws prohibit discrimination in every aspect of employment, from hiring to firing. For example, if your employer requires male employees to have hair no longer than their collars, but your religious views prohibit cutting your hair, you should explain that to your employer. Workplace Dress Code Policies. This, again, is allowed as long as it isn’t discriminatory. In short, do not enforce your dress code … When an individual deems that safety equipment interferes with a protected right, an employer has a duty to demonstrate the equipment is a bona fide occupational requirement and that the employer tried to accommodate the employee’s concern to the point of undue hardship. They portray the atmosphere and culture of that organization. The law forbids discrimination in every aspect of employment. The shift in the way we work has majorly impacted on the HR function, and to no one’s surprise, has influenced many HR trends as we enter 2021. These might take the form of dress codes, uniform requirements, policies prohibiting visible tattoos or piercings, or grooming rules (such as that male employees must be clean-shaven or have short hair, or that female employees must wear makeup). We used to discuss regulating appearance in the context of clothing. Employers might allow people to wear Christmas jumpers on the last day of work, or to wear their pyjamas for charity fundraising. Without sacrificing workplace image, employers will benefit from implementing a dress code policy that has some flexibility built into it. In general, there can be dress code requirements that differ between genders. The report covers employers’ and employees’ responsibilities on dress codes, making reasonable adjustments for disabled employees and considering the health and safety aspect of implementing changes to dress codes. Workplace dress codes brought to heel by Australia's discrimination laws By Nick Toscano and Workplace Reporter Updated May 12, 2016 — 4.31pm first published at 2.25pm Dress codes cannot be restrictive just because an employer doesn’t like a certain style. What is classed as a reasonable dress code? I'm OK with hearing from Staff Squared from time to time and you won't share my information, Already have an account? Dress codes are often essential. Dress codes highlight an odd fact about sex discrimination cases: While laws prohibiting sex discrimination require employers to treat men and women equally, our society is still comfortable with the belief that there are fundamental cultural differences between the genders. Under Australian law, enforcing a dress code that mandates specific articles of clothing for employees based on gender opens the door for discrimination claims. It is up to the employer to decide which dress code is suitable and/or necessary in terms of safety at the workplace. Nevertheless, gender-based dress codes continue to raise concerns in the workplace. What should you know about dress codes in the workplace? The UK is an integrated and cohesive society with a proud tradition of religious tolerance within the law. You should give workers a reasonable amount of time to prepare for any changes. However, that is far from guaranteed. If an employer has a dress code, it should modify it to avoid gender stereotypes and enforce it consistently. An employer might not have a valid reason for banning the niqab in an office environment, but might be justified in banning a religious necklaces if all necklaces are banned from the workplace for health and safety reasons. A key attribute of a successful dress code policy is uniform enforcement. For the most part these dress codes are legal as long as they are not discriminatory. By consulting with employees and gathering their opinions, you increase your chance of creating a policy that everyone considers to be fair. However, there must always be a balance between personal rights and legitimate business interests. Workplace Dress Code Policy: The workplace dress codes are not just any code. Requiring men to wear suits and women to wear skirts or dresses, while legal, is based on gender stereotypes. So, if you want to have a written policy on this issue, the following is … For example, displaying tattoos at work is generally not protected by federal or state discrimination laws. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. If flexibility is not practical, then policies should provide exceptions for Code protected grounds. Acceptable clothing for women includes lightweight sweaters such as turtlenecks, crew, V-neck, and cardigans. For employers of unionized workplaces, the primary consideration is whether the dress code policy is reasonable. In some states, the information on this website may be considered a lawyer referral service. Employers need to ensure that they can justify their reasons for banning types of religious dress in the workplace. Yet, certain standards are established so employees are not confused about the meaning of the terms relaxed, casual, and informal dress. Be mindful of your company's dress code. Employees are expected to present themselves in a professional manner that results in a favorable impression by clients and customers. You can’t so easily argue that black high heels are essential, whilst black flat shoes are not appropriate. 2020 has been an interesting one, that’s for sure. The formality of the workplace dress code is normally determined by the number and type of interactions employees have with customers or clients in the workplace. “Dress Codes 101,” Connecticut Employment Law Letter 11, no. While that authority may be limited by law, in most cases the authority to establish or to change required dress is yours. The dress code states that religious head coverings of any type may be worn with the uniform. These might take the form of dress codes, uniform requirements, policies prohibiting visible tattoos or piercings, or grooming rules (such as that male employees must be clean-shaven or have short hair, or that female employees must … This includes workplace policies that regulate employee appearance, such as dress codes, grooming codes, and uniform requirements. Employers can make ‘reasonable’ dress code demands. Hair length. A Costco cashier recently sued the company for the right to wear her 11 earrings and eyebrow piercings as a form of religious expression. When Nicola Thorp was recently sent home from work, it was because of her refusal to comply with a company’s dress code request. Dress codes and appearance at work are becoming a more salient issue in the workplace, prompted by high profile legal cases and uncertainties amongst employers and employees about what acceptable dress codes and appearance norms constitute. What are the potential legal implications of a dress code? It is important for employees to understand that their appearance at work is a direct representation of their company and makes a lasting impression — both positive and negative — on customers, company visitors, and other employees. For example, the Equal Employment Opportunity Commission (EEOC) brought claims on behalf of an employee who argued that his religious beliefs made it a sin to cover his tattoos of religious inscriptions. There are no federal laws that specifically state what dress code is permissible or impermissible at work. Dress codes Can an employer have a dress code requiring female employees to […] It’s fair to give people at least one full week (including weekend) to purchase the things that they’ll need. Men and women must be treated equally, but don’t need to be subject to the exact same rules. All employees need to be made aware of the dress code once it’s been created. Florida law does not expressly regulate private employers’ imposition of dress codes or personal appearance standards in the workplace. As long a dress or grooming code doesn't impose heavier requirements on one gender, or require that employees dress in sexually provocative ways, it is likely legal. Email address. Be prepared to meet the employer's objections about the reasons for the policy. Employers should have fair and clear reasons for dress and appearance requirements especially where they are restricting or enforcing what an employee may wear. 2, February 2003. “If men are required to wear a suit and tie, an employer can mandate that female employees dress in analogous type of business attire,” said Jeffrey Kimmel, an employment lawyer and partner at the national law … Reasonable adjustments must be made for people with disabilities. Vests worn with short or long-sleeved shirts are also acceptable, as well as blouses, knit tops, and collared polo shirts. Some religions have rigid standards of dress. Don’t expect people to arrive the next day adhering to the new workplace dress code. A dress code might be discriminatory if it treats employees differently based on a protected trait (such as sex or disability) or if it has a disproportionate effect on members of a protected class. Whilst going out and purchasing a new pair of trousers might seem like a relatively quick and affordable request, it is important to remember that some employees might struggle to find the time or money. Employers must be careful to offer reasonable accommodation or face a complaint of religious discrimination. Why is the dress code required? As the employer, you have the authority regulate dress in yourworkplace. Take into consideration the kind of attire that is suitable for your place of work, and formulate your dress code policies around this. This paper is not intended as guidance from Acas about how to apply the law in relation to dress codes nor as an endorsement by Acas of practices to be adopted in the workplace. No tattoos or piercings. Put simply, unless religious dress would affect an employee’s ability to do their job, it should be allowed. Let us first talk about some workplace dress code policies. Whatever level of office dress code policy you impose, Tredwell says there are a few important things that workplaces should consider. If you’ve allowed jeans and t-shirts in the past, bear in mind that some employees might struggle to afford a few shirts. Employer and employee should work together to find an appropriate solution. Every firm reserves the right to create a dress code for their lawyers to maintain the image and professionalism of the firm. In workplaces that are frequented by clients who expect their counselors to exhibit professionalism and integrity, the dress is … So, if youwant to have a written policy on this issue, the following is theinformation to consider including in your policy: 1. Policies that are difficult for employees with particular disabilities to follow. Despite this, office dress codes often demand ‘smart casual’ wear. • Dress codes can be a legitimate part of an employer’s terms and conditions of employment. If you work at a law firm, the dress code detailed may be different from what you read above. A lawyer can assess your employer's policy, determine whether it violates the law, and explain your options for protecting your rights. Some companies require formal business attire, some companies allow employees to dress down on “casual Fridays,” and others adopt a more relaxed dress code throughout the week. Here are some examples: If you believe that your employer's policies discriminate, your first step should be to talk to the employer. Acceptable Clothing for Women. While that authority may be limited by law, in most cases theauthority to establish or to change required dress is yours. In Sweden, there is no law regarding workplace dress codes. Policies that impose different requirements on men and women. Emphasize the importance of dress in promoting a positive company image to cu… Women are not required to wear skirts and, in fact, most choose to wear pants. In general, there can be dress code requirements that differ between genders. This applies to dress codes, which can be altered to help employees who, for example, may be unable to wear shoes or might have sensory issues surrounding certain textures. Dress codes have permeated workspaces for decades and this will likely not change. Log in. Requiring men to wear suits and women to wear skirts or dresses, while legal, is based on gender stereotypes. The important thing, whatever dress code you put in place, is that it’s reasonable and non-discriminatory. 2. 2, February 2003. For example, if safety is a concern, you might agree to wear a hairnet. A grooming or dress policy that discriminates against a protected class of employees is illegal. Discrimination is against the law if a person is treated unfairly because of a protected characteristic, such as his or her race, sex, age, disability, sexual orientation, gender identity or intersex status. HR Software for growing businesses. 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