Summertime is approaching, and some employers may find that as the heat creeps into the workplace, so do the sundresses, shorts, tank tops, and sandals. Some employees wear clothes that seem to reveal more than they conceal, which can create problems in the workplace, not only because an employee’s casual attire may not reflect the level of professionalism an organization wants to portray, but also because, in extreme cases, attire that is inappropriate could form the basis for hostile work environment claims. Many employers implement dress codes to help alleviate these issues. However, implementing a dress code can bring its own set of problems. If you have a dress code, or are thinking of implementing one, here are some things you should keep in mind:
- Enforce the dress code policy consistently. As with any policy, the failure to apply a dress code equally to all employees puts employers at risk for discrimination claims.
- Put your policy in writing and make sure your policy is clear and specific. It should be easy for employees to understand how they can abide by the dress code and easy for supervisors to know when a violation occurs. A policy that is vague and allows for differences in interpretation may cause more problems than it solves.
- Beware of possible conflicts with state or federal law. For example, a policy that prohibits men from wearing ponytails or earrings while allowing women to do so could constitute discrimination based on sex or gender.
- Banning headwear or facial hair could violate religious beliefs. In many cases, you may have to accommodate these beliefs.
Clearly the workplace of today differs from the workplace of 30 years ago. Many employers have moved towards a more casual attitude with respect to workplace attire. However, there can be a fine line between casual and inappropriate. If you are experiencing problems with inappropriate attire in your workplace, you may want to create – or revamp – a dress code. To avoid potential conflicts with state or federal laws, be sure to consult with labor and employment counsel for guidance in drafting, revising or implementing a dress code.