What to Cover (up) in Your Dress Code Policy

There’s no federal law specifically covering a dress code policy. Generally, employers may stipulate dress codes as long as they are consistent with workplace health and safety laws, and are not discriminatory. The most common dress code lawsuits have centered on gender discrimination claims, although religious accommodation claims are rapidly making headlines.

Business dress codes disputes focus on the delicate balance related to grooming standards, such as employers prohibiting long beards and hair or head covering and various religious items of dress, religious insignias, and other tokens of faith in the workplace environment - and how they relate to business necessities.

Even though it might go against your grain to see workers in clothing best left for a nightclub, when creating or updating a dress code policy, there are a few things that your company should evaluate and address in order to avoid legal hot-water.

The first thing a dress code policy should consider is the environment. It may be appropriate to have different dress standards for office workers versus employees in a manufacturing facility. Secondly, your dress code policy should be clear about what’s appropriate and what’s not. A good rule of thumb is to specify “dos” and “don’ts”, and even to show examples of what is acceptable and not. Thirdly, enforce your policy fairly and consistently, and be prepared to offer personal counseling.

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