The workplace landscape has shifted, and with it, employee attire. As employees return to the office, many opt for more casual wear, such as jeans and polo shirts, or even summer-appropriate clothing like tank tops and shorts. This trend highlights the need for employers to review and potentially revise their workplace dress codes.
Additionally, outdated dress codes pose risks to employers, potentially leading to legal challenges due to non-compliance with discrimination laws that necessitate non-discriminatory policies and reasonable accommodations. Such policies, if seen as overly restrictive, can also negatively impact employee morale and retention. A dress code that balances professionalism with individual expression can significantly boost satisfaction and contribute to a positive workplace culture.
However, updating dress code policies requires careful consideration to avoid potential legal pitfalls. Below are key areas to keep in mind.
Gender Neutrality
Avoid creating separate dress code guidelines for men and women. Such policies may be viewed as discriminatory under Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination, including gender identity.
Instead, focus on professional, neutral guidelines that emphasize cleanliness, neatness, and a professional image. For instance, employers cannot mandate that women wear makeup or specific jewelry.
A gender-neutral policy might simply state that all employees are expected to wear "business casual attire" or "professional business attire" and then provide examples of what that entails (e.g., collared shirts, blouses, slacks, skirts of a certain length, dresses, closed-toe shoes) without assigning these items to a particular gender.
Transgender and Non-Binary Employees
Be cautious of how dress code enforcement might impact transgender or non-binary employees. Again, policies should be crafted to be gender-neutral, providing enough flexibility for individuals to dress in a manner consistent with their gender identity, rather than adhering to traditional gendered expectations.
Race and Natural Hairstyles
Be aware of laws like the Creating a Respectful and Open World for Natural Hair (CROWN) Act, enacted in states including Virginia. These laws are aimed at prohibiting discrimination based on hairstyles and hair textures.
This means employers should generally avoid prohibiting hairstyles such as locks, braids, twists, or afros. Employers should review their policies to ensure they do not directly or indirectly discriminate against protected hairstyles.
Religious Accommodations
Under Title VII of the Civil Rights Act of 1964, employers have a legal obligation to reasonably accommodate an employee's sincerely held religious beliefs or practices, unless doing so would impose an "undue hardship" on the employer's business operations.
This applies directly to dress code policies. Employees may wear specific clothes, beards, or have tattoos consistent with their religious beliefs. Employers are generally required to try to accommodate an employee's religious beliefs, which may require making exceptions to the dress code. The employer's duty to accommodate under Title VII means engaging in an interactive process with the employee to find a workable solution.
Key Takeaways for Employers
- Focus on broad principles: The more restrictive and specific a dress code policy is, the more problematic it can become. It's advisable to focus on broad concepts like professionalism and cleanliness.
- Avoid discriminatory language: Steer clear of terms that implicate race, gender, or sex as much as possible.
- Enforcement strategies: Don't hesitate to enforce your dress code. A practical approach is to have employees go home and change into more appropriate attire. However, be cautious about docking an employee's pay for dress code violations.
- Supervisor training: Ensure supervisors are trained on how to have one-on-one conversations with employees regarding dress code expectations.
By conducting regular dress code reviews and adhering to these guidelines, employers can create and enforce dress code policies that are both effective and legally compliant.
