Dress Code Discrimination Archives - UELG https://www.california-labor-law-attorney.com/category/dress-code-discrimination/ California Labor Law Attorney Mon, 02 Sep 2019 15:28:39 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg Dress Code Discrimination Archives - UELG https://www.california-labor-law-attorney.com/category/dress-code-discrimination/ 32 32 Overview of Dress Code Laws https://www.california-labor-law-attorney.com/overview-of-dress-code-laws-2/ Mon, 02 Sep 2019 15:28:39 +0000 https://www.california-labor-laws-attorneys.com/?p=1673 A workplace comprises of people of different genders and religion. Therefore the way they dress will be different from each […]

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A workplace comprises of people of different genders and religion. Therefore the way they dress will be different from each other. However, in most workplaces, employers dictate a dress code that their employees should follow. For instance, some employers regulate the wearing of specific clothing in the workplace. Also, employers regulate piercing, tattoos, makeups, hair, and nails. It is legal for the employer to dictate the dress code requirement for his employees. However, it becomes illegal if the dress code is discriminative. However, the law has been revised in such a way that even if the code seems discriminative, but is a safety measure, then the court is likely to side with the employer. The dress code and grooming laws in a workplace are laws that give employers the authority to decide how their employees should dress. There are those who like it professional while there are those that love it casual. Here are the most frequently asked questions.

Can an employer dictate how I dress?
A: Yes, your employer can determine how you dress. He /she is even allowed by the law to do so. It is common to see people dressed in suits while at the office. Most employers require formal and professional attire, but there are those that prefer to keep it casual. For instance, a sports-themed workplace does not require people to wear suits, they can wear tracksuits. However, the dress codes become illegal if they are discriminative of gender or religion.

Is it legal for an employer to have dress codes for women but not men? 
A: No, it is very illegal to have dress codes targeting only one specific gender. The dress codes should be universal, in that it targets and should be adhered to by everyone in the workplace.

Is it legal for employers to allow women to wear long hair but not men? 
A: Yes, it is legal and allowed. Employers are given the mandate to dictate different dress codes for women and men. However, the code should not seem discriminative on either gender in the workplace.

Can an employer make a female employee wear a sexy uniform?
A: The answer here is yes and no. If your job requires you to have a sexy or revealing attire, then the employer has the right to make you wear one. An excellent example of such a job is casino and bars. However, if the job does not require you to dress sexy, then that becomes sexual harassment.

Conclusion

United employees law group (UELG) is a law firm in California that is dedicated to helping employees whose rights have been discriminated by their employers. They will surely help you if you have any dress code cases

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Employee Dress Codes and Clothing  https://www.california-labor-law-attorney.com/employee-dress-codes-clothing/ Mon, 14 Aug 2017 08:14:38 +0000 https://www.california-labor-laws-attorneys.com/?p=1181 A private employer is allowed by law to enforce dress codes on employees. The law allows the employer to rely on the […]

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Group of people in various work uniforms

A private employer is allowed by law to enforce dress codes on employees. The law allows the employer to rely on the basis of safety for him to impose the regulations. Some of the dress codes the employer can impose as a way of enhancing the safety of employees include jewelry requirements, grooming, and clothing. You should be careful as an employer not to be seen as a discriminator or harasser when imposing these dress codes.

You should as well avoid imposing laws which can endanger or even kill the morale of the workers in your organization.

Dos of Employee Dress Codes and Clothing

Create a policy and distribute it in writing so that all the employees in your organization can see it. The policy should be based on business reasons. Some of the reasons include promotion of the company image and reflecting the company’s culture.
You can impose the rules basing on safety reasons. For example, if a worker works in the kitchen, they should tie their hair back and cover it for hygiene reasons. An industrial worker should tie his hair back to avoid accidents.

The business should clearly describe business casual attire. You can specify if your organization will prefer sweat suits, jeans or any other attire which you consider inappropriate.

The policy should apply to all employees. However, employees who require exceptions for disability reasons should be considered.

Some of the challenges which face employee dress codes and clothing include charges where employees can argue the dress code is discriminating on the basis of ethnicity, race, gender, sex disability, origin, and religion.

Don’ts of Employee Dress Codes and Clothing

Harassment

If employees are required to dress in a revealing way, they may sue for harassment.

Gender Discrimination

California makes it unlawful to prohibit employees from wearing pants based on gender.

Uniform Costs

Employees are not required to buy their safety gear. The employer is required to buy the safety gear for the employees at their workplaces. If you have a workplace such as industry where employees are required to wear steel-toed boots, then the company should make plans and pay for the boots to the employees.

Religious Practices

An employer is allowed to prohibit body piercing, tattoos and other practices which may go against the organization branding. If you have practices which go against the company’s values or mission, the employer can prohibit them during his work time. Slogans or images offensive to another employee can be as well denied at workplaces. For instance, Confederate flags and slogans can be denied.


Photo Credit: Shutterstock/Kurhan

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Why Do Employers Enforce Dress Code Policies? https://www.california-labor-law-attorney.com/dress-code-policies/ Mon, 04 Nov 2013 08:00:48 +0000 https://www.california-labor-laws-attorneys.com/?p=710 In today’s work world, it is more common than not for employers to establish proper attire and grooming policies for […]

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Professionally dressed young man looking out a window

In today’s work world, it is more common than not for employers to establish proper attire and grooming policies for their employees. These policies serve as a guideline for appropriate workplace appearance, clothing, grooming, and hygiene. Employers typically establish these dress codes in order to maintain a well-functioning workplace environment, free from unnecessary distractions. Most employees are required to maintain a neat and clean appearance that is appropriate for the workplace setting and for the work being performed.

Employers are allowed to regulate their employees’ appearance, as long as they do not illegally discriminate against certain employees. An employer generally cannot single you out or discriminate against you or a particular group of people, dress code policies must target all employees. In order to prevent any illegal discrimination practices, an employer may require his or her employees to wear a uniform so that all employees remain consistent in their dress code.

A common issue that many employers face in today’s modern culture is whether to allow tattoos and body piercings. Under the law, employees have no legal right to show body art in the workplace because it isn’t considered a religious or racial expression.

While employers have the legal right to require employees to cover or remove tattoos or piercings, a reasonable approach would be to specifically state their policy regarding body art in the workplace.

However, an exception to an employer’s attire and grooming policies is whether a person’s religion requires him or her to wear, or forbids them from wearing certain clothing. Courts have held that employers have a legal obligation to reasonably accommodate their employees’ religious beliefs so long as it does not impose a burden or undue hardship on the employer.

If your employer wants to lawfully prevent you from wearing certain clothing, it must show that allowing you to wear this clothing would pose an undue hardship on the business or conflict with a safety hazard. For example, a factory may impose clothing restrictions for assembly line workers to protect them from loose clothing getting caught in the machinery or to protect them from getting burns.

Employers establish attire and grooming policies for the safety and well-being of each employee and the workplace environment. However, these policies must refrain from illegally discriminating against a certain person or a particular group, and must fairly apply to all employees.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.


Photo Credit: Shutterstock/ GaudiLab

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