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Creating a legal workplace dress code

On Behalf of | Aug 18, 2024 | Employment Litigation

As an employer, you are well aware that you need to make rules and regulations legally in the workplace. You do not want to violate your employees’ rights or cause any conflicts. You’re trying to avoid accusations of discrimination or harassment.

Despite this focus, you may be concerned about instituting a new dress code. Perhaps some of the employees have expressed displeasure with the idea and you’re worried that it will cause disputes. What can you do to set up a dress code so that it doesn’t violate anyone’s rights or cause legal conflicts?

The dress code has to apply to all workers

It is not illegal for you to use a dress code as an employer. You can do so, and many business owners do.

What is illegal is if the dress code applies unfairly to different categories of workers. This could be a form of discrimination. 

For example, you are prohibited from making a dress code saying that female employees can wear whatever they want but that male employees have to wear a predetermined outfit or uniform. This would be gender discrimination.

Discrimination can sometimes happen unintentionally. For instance, perhaps workers from a specific religious background have certain ornamental jewelry that they need to wear or a specific style of dress. If you make a rule prohibiting anyone from wearing this jewelry or these clothing items, it may technically apply to all employees, but it is still discriminatory because it targets those religious workers.

As you can see, it’s important to know what steps to take to set everything up correctly. But even if you do, you could find yourself in a legal dispute, and that’s when you need to know what options you have.