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Is a dress code discriminatory? 

On Behalf of | Oct 25, 2024 | EMPLOYMENT LAW (EMPLOYEE) - Workplace Discrimination

An employer may decide that they want to institute a dress code at the company. They think it will make the business seem more professional. They also think it will help customers in the store because they will immediately know who to talk to if they need help. 

However, some of the employees have expressed that they do not want to follow a dress code. They may even think it is discriminatory because it violates their right to freedom of expression. They are no longer allowed to wear what they want, and that seems unfair to them. But is a dress code actually an example of discrimination?

It can be, but not always

As a general rule, dress codes are legal. Many businesses use them. In some cases, the business will give the employees an official uniform that they have to wear. In other cases, the business owner will simply instruct employees on the type of clothing they’re allowed to choose – such as saying they need to wear “business casual” attire.

The problem comes when the dress code doesn’t apply equally to all of the employees. Employers can’t make a dress code only for women or only for African-American employees, for example. It must apply to everyone.

One thing employers must consider is if it could accidentally impact one group of workers more than another. For instance, say that their goal with the dress code is to prohibit headwear. Some of the employees follow a religion that mandates they wear a certain type of headwear, however. Even though the rule technically applies to everyone, it could be viewed as discrimination against those employees based on their religious affiliation. 

If you feel the dress code your employer has implemented is discriminatory, your first step should probably be to talk to them about it. Maybe they will happily make the changes you request. If they are not willing, you may need to learn more about your legal options.

 

 

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