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1Following the Dress Code
2Legally Challenging a Dress Code
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Co-authored byKara Allan
Last Updated: March 22, 2024References
Employers sometimes adopt dress codes for their employees. Read the dress code closely and ask your supervisor questions about anything you don’t understand. You should also check whether the dress code is discriminatory. Generally, employers can adopt a dress code, but they can’t use the dress code to discriminate against protected classes.[1]
Part 1
Part 1 of 2:
Following the Dress Code
1
Read your policy. If your employer adopts a dress code policy, they should distribute it to you. Look in your employee manual or handbook, where it should be published.[2] Don’t accept a verbal dress code. Instead, ask for something in writing.
- Dress code policies cannot single you out. They must apply to all employees.[3] If your boss doesn’t have the policy in writing, they may be making something up.
2
Interpret “business casual.” Some dress codes use the vague phrase “business casual” but don’t supply examples. You can generally interpret business casual to mean the following:[4]
- Men can wear dress pants or khakis paired with a sweater, button-up dress shirt, or shirt with a collar (such as a polo). Men can also wear a sport coat and casual dress shoes.
- Women have more options—and more ways they can appear too casual. Generally, women should wear dress pants or a skirt coupled with a sweater, blouse, or blazer. Women should wear pumps, flats, or open-toed shoes.
- Remember that business casual clothing must always be clean and pressed. Don’t show up in a wrinkled pair of khakis and a polo shirt with a mustard stain on the front.
- It is better to buy the best quality clothes you can afford.[5]
- Pay attention to your shoes, always keep them buffed and clean.[6]
- Wear a nice gold or silver watch that looks semi expensive.[7]
3
Understand how casual “casual Friday” can be. Some workplaces give employees a casual day (usually Friday) once a week or once a month. It’s entirely possible to be too casual, however, even on casual Friday. Instead, aim for a presentable appearance.
- For example, don’t wear pajama bottoms or yoga pants to work. Instead, choose jeans as a casual option.
- Also avoid anything with writing or obscene images on it. For example, if you choose a T-shirt, choose one that has no printing on it. Your messages or imagery could offend other employees and contribute to a hostile work environment.
- Make sure clothing is clean and mended, without rips or tears.
- If you’re a new employee, err on the side of being too dressy on a casual Friday.
4
Ask a supervisor to define vague words. A poorly drafted dress code will contain a lot of mushy words which you might not understand. For example, ask a supervisor to define the following:[8]
- “appropriate”
- “proper”
- “reserved”
5
Listen to your boss’ comments. You can pick up important clues about whether you are under- or over-dressing by listening to your boss and coworkers.[9] For example, if your boss asks why you are so dressed up, you might consider losing the tie or sports coat.
- By contrast, if someone remarks on how casual or “sporty” you look, then take that as a sign you are under-dressed.
6
See AlsoDress Code in the WorkplaceDress Codes in the Modern Workplace: An Employer's Guide to Avoiding Pitfalls and Liability | Insights | Venable LLPDoes Dress Code Affect Productivity in the Workplace?Managing Employee Dress and AppearanceShow your boss sample outfits. If you don’t understand what is expected of you, ask your boss to look at some sample outfits. You can show them pictures of clothes online and ask, “Is that appropriate?”
- Ask a colleague if you are too embarrassed to ask your boss. Choose someone who always appears well-dressed. They can help you understand a vague dress code.
7
Remember grooming requirements. A dress code typically involves more than limitations on what you can wear for clothes. It also may set different grooming standards related to the following:[10]
- hair length
- hair style
- facial hair
- makeup
- tattoos
- piercings
8
Wear a uniform, if given one. Some employers give employees uniforms as a way to standardize your appearance to the public. If you’re given a uniform, wear it. Don’t “forget” to wear the uniform and show up to work in other clothes.
- Look at it this way: wearing a uniform greatly simplifies getting dressed in the morning. You don’t have to worry about what to wear.
- Remember to keep uniforms neat and tidy. You may need to launder it more than once a week. If the uniform becomes frayed, ask your employer for a replacement.
- Be aware that your employer can deduct the cost of the uniform from your wages, so long as it doesn’t cause you to fall below the minimum wage.[11]
9
Ask if you can go home and change. You might arrive at work only to be told you have violated the dress code. Ask your employer if you can go home and change into something more appropriate. This is a good option if you can get home and back to work in a short period of time.
- Your employer can legally send you home without pay for violating the dress code. For that reason, it’s a good idea to take the dress code seriously.
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Part 2
Part 2 of 2:
Legally Challenging a Dress Code
1
Identify the basic elements of discrimination law. Almost no employer outright discriminates against employees based on gender, race, religion, etc. However, businesses sometimes adopt “neutral” policies that impact certain groups more harshly than other groups. Sometimes, these policies can constitute discrimination.
- A dress code is an example of a neutral policy that might affect groups differently. For example, a requirement that you wear a hat when working might discriminate against people whose religion prohibits head coverings.
- A court will look at whether the policy has a legitimate business purpose and is necessary for the job. For example, a policy requiring head coverings for food workers is both legitimate and necessary.
- However, an employer also must try to accommodate any objection to the dress code based on religion or disability, so long as the accommodation doesn’t create an undue hardship for the business.[12]
2
Analyze whether the dress code constitutes religious discrimination. Both federal and state laws make it illegal for an employer to discriminate on the basis of religion.[13] Pay attention to whether the policy possibly discriminates against you for religious reasons.
- For example, employers generally need to accommodate yarmulkes, hijabs, and turbans.[14]
- Anti-discrimination laws apply whether you are a member of a recognized organized religion (such as Buddhism, Islam, Christianity, etc.) or a small, unorganized sect.[15]
3
Check if the dress code is racially discriminatory. A dress code cannot discriminate or create a disparate impact on different racial groups. If you think the dress code does, then you may want to challenge it.
- For example, several African American men have challenged grooming requirements that they be clean shaven. Because some African Americans have a specific skin condition that makes shaving painful, their challenges have been successful.[16]
4
Consider if the dress code constitutes gender discrimination. Employers can require different uniforms and grooming standards for men and women.[17] For example, a dress code could prohibit men from wearing makeup but allow women to wear makeup. However, employers cannot place a heavier burden on one gender than on the other.[18]
- Employers also must enforce a dress code uniformly. For example, a dress code might insist that employees wear pants in the summer. If your boss allows women to wear skirts, then they are not enforcing the dress code uniformly without regard to gender. In this example, male employees could argue that enforcement of the dress code is discriminatory.
5
Analyze whether dressing “sexy” is harassment. Some jobs sell sex. For example, if you work at a casino or nightclub, management might require that female employee dress in a provocative manner. In some situations, an employer can require you to dress this way.[19]
- In particular, employers can require you to dress provocatively if that is their image.
- However, the provocative dress can’t encourage customers or others to sexually harass you with gropes, cat calls, or other harassing behavior.
6
Consider whether the dress code discriminates against disabled people. Some dress codes might impact people with disabilities. If so, you can request that your boss make an exception to the dress code. Consider the following examples:[20]
- Your boss requires certain footwear, but you must wear specific shoes because of your diabetes. Your boss can let you wear more comfortable shoes.
- You develop lesions because of medical treatment, which makes your uniform uncomfortable. Your boss can help you pick out alternate work clothes to wear that still are appropriate for the workplace.
- Your broken leg is in a cast, and you can’t wear pants, which are required by your boss. Your employer might let you wear shorts to work until the cast is removed.
7
Request a reasonable accommodation. If the dress code discriminates against you on the basis of religion or disability, you can request an accommodation. Put it in writing and mention exactly why you need the accommodation.[21]
- Don’t assume your employer knows anything about your disability or religion. They may ask for documentation, such as medical records or a letter from a faith leader.
- Your employer should be willing to work with you to come up with a reasonable solution.
8
Consult with an employment lawyer. The law on dress codes is constantly changing as society changes. For example, gender non-conforming employees complicate the idea that employers can require different standards for men and women. If you think your employer’s dress code is discriminatory, you should seek out an employment lawyer.
- Obtain a referral from your local or state bar association. Call and schedule a consultation. Ask the attorney if you need to bring anything with you to the consultation. Also check how much the consultation will cost.
- Alternately, you can find low-cost legal aid. Visit the Legal Services Corporation’s website at https://www.lsc.gov. Click on “Find legal aid” and enter your address. Some legal aid organization help workers with employment issues.
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Expert Q&A
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Question
How can I look more stylish at work?
Kara Allan
Celebrity Stylist, Makeup Artist & Personal Brand ConsultantKara Allan is a Celebrity Stylist, Makeup Artist, Personal Brand Consultant, and Owner of Style by Kara Allan. With over 19 years of experience, her expertise includes wardrobe styling and edits, personal shopping, personal branding, makeup application, and corporate image consulting. Kara has worked with many celebrity clients including Leonardo di Caprio and Jesse Itzler. She has also been featured in numerous media outlets such as DC Magazine, Washington Post Express, and the Huffington Post. Kara received her training with Stacy London, Former Fashion Editor at Vogue Magazine and Star of TLC's What Not to Wear, and Carla Mathis, Certified Image Master, Association of Image Consultants International.
Kara Allan
Celebrity Stylist, Makeup Artist & Personal Brand Consultant
Expert Answer
You should always buy the best quality you can afford. And that doesn't mean you should spend $1,000 on a jacket, but look for pieces that will last and are of great quality.
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How do I look professional and polished at work?
Kara Allan
Celebrity Stylist, Makeup Artist & Personal Brand ConsultantKara Allan is a Celebrity Stylist, Makeup Artist, Personal Brand Consultant, and Owner of Style by Kara Allan. With over 19 years of experience, her expertise includes wardrobe styling and edits, personal shopping, personal branding, makeup application, and corporate image consulting. Kara has worked with many celebrity clients including Leonardo di Caprio and Jesse Itzler. She has also been featured in numerous media outlets such as DC Magazine, Washington Post Express, and the Huffington Post. Kara received her training with Stacy London, Former Fashion Editor at Vogue Magazine and Star of TLC's What Not to Wear, and Carla Mathis, Certified Image Master, Association of Image Consultants International.
Kara Allan
Celebrity Stylist, Makeup Artist & Personal Brand Consultant
Expert Answer
Pay attention to details, because people will notice that. Wear a nice watch, clean shoes and accessories. Also, try having a great haircut that frames your face in a complimenting way.
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This article discuses U.S. law generally. Other nations may have similar or different laws. You should consult an attorney in your country for the most accurate information.
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References
- ↑ http://labor-employment-law.lawyers.com/employment-discrimination/your-work-related-appearance-what-are-your-rights.html
- ↑ http://www.insperity.com/blog/taking-the-awkwardness-out-of-addressing-an-employee-who-dresses-inappropriately/
- ↑ http://www.workplacefairness.org/grooming-codes
- ↑ https://smallbiztrends.com/2016/03/business-casual-trends.html
- ↑ Kara Allan. Celebrity Stylist, Makeup Artist & Personal Brand Consultant. Expert Interview. 25 February 2022.
- ↑ Kara Allan. Celebrity Stylist, Makeup Artist & Personal Brand Consultant. Expert Interview. 25 February 2022.
- ↑ Kara Allan. Celebrity Stylist, Makeup Artist & Personal Brand Consultant. Expert Interview. 25 February 2022.
- ↑ http://www.bizfilings.com/toolkit/sbg/office-hr/managing-the-workplace/instituting-dress-codes-in-workplace.aspx
- ↑ https://smallbiztrends.com/2016/03/business-casual-trends.html
More References (12)
- ↑ http://www.insperity.com/blog/taking-the-awkwardness-out-of-addressing-an-employee-who-dresses-inappropriately/
- ↑ http://www.workplacefairness.org/grooming-codes
- ↑ http://labor-employment-law.lawyers.com/employment-discrimination/your-work-related-appearance-what-are-your-rights.html
- ↑ http://www.bizfilings.com/toolkit/sbg/office-hr/managing-the-workplace/instituting-dress-codes-in-workplace.aspx
- ↑ http://www.workplacefairness.org/grooming-codes
- ↑ https://www.eeoc.gov/eeoc/publications/qa_religious_garb_grooming.cfm
- ↑ http://www.workplacefairness.org/grooming-codes
- ↑ http://www.bizfilings.com/toolkit/sbg/office-hr/managing-the-workplace/instituting-dress-codes-in-workplace.aspx
- ↑ http://labor-employment-law.lawyers.com/employment-discrimination/your-work-related-appearance-what-are-your-rights.html
- ↑ http://www.workplacefairness.org/grooming-codes
- ↑ http://www.tfwinsurance.com/the-significance-of-dress-codes-under-the-americans-with-disabilities-act-ada/
- ↑ http://labor-employment-law.lawyers.com/employment-discrimination/your-work-related-appearance-what-are-your-rights.html
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Co-authored by:
Kara Allan
Celebrity Stylist, Makeup Artist & Personal Brand Consultant
This article was co-authored by Kara Allan. Kara Allan is a Celebrity Stylist, Makeup Artist, Personal Brand Consultant, and Owner of Style by Kara Allan. With over 19 years of experience, her expertise includes wardrobe styling and edits, personal shopping, personal branding, makeup application, and corporate image consulting. Kara has worked with many celebrity clients including Leonardo di Caprio and Jesse Itzler. She has also been featured in numerous media outlets such as DC Magazine, Washington Post Express, and the Huffington Post. Kara received her training with Stacy London, Former Fashion Editor at Vogue Magazine and Star of TLC's What Not to Wear, and Carla Mathis, Certified Image Master, Association of Image Consultants International. This article has been viewed 9,644 times.
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Updated: March 22, 2024
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