Dressing for Success: What Employers Can and Can't Require
As temperatures rise and lighter clothing becomes more common, HR departments often see an increase in dress code inquiries. Here's how to navigate them.
Creating and enforcing a dress code can be tricky, especially when you're balancing business needs with employee rights. Let's break down what's generally permissible—and what could land your organization in hot water.
Dress Codes: Neutral Policies Are Generally Permissible
Employers can set dress codes as long as the rules are neutral and consistently enforced across all employees or defined groups (e.g., all front-of-house staff or all manufacturing workers).1st
You're typically allowed to:
- Require a uniform or specific style of dress.
- Prohibit visible tattoos and piercings.
- Ask male employees to be clean-shaven or keep their hair short.
- Require overall cleanliness and hygiene.
Even more specific guidelines—like requiring makeup or particular body measurements for a job with a defined brand image—may be upheld in court if there's a legitimate business purpose. For instance, a court upheld a casino's grooming policy, which required women to wear makeup, citing its focus on a unified, professional appearance.
Best Practice: Clearly and specifically define your dress code. Terms like "no jeans," "ties required," or "no sleeveless tops" are enforceable. Avoid vague or subjective language, such as "no tight clothing" or "dress appropriately."
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Exceptions Matter: Accommodate When Necessary
Even the most neutral dress code must allow for exceptions under certain legally protected circumstances. Failing to do so can result in claims of discrimination.
You may be required to make exceptions for:
Religious Beliefs
If an employee requests an accommodation that conflicts with your dress code due to sincerely held religious practices.
- Example: A no-headwear policy may need to be waived to accommodate a Jewish employee who wishes to wear a yarmulke or a Muslim employee who wishes to wear a hijab.
Disabilities
Dress code accommodations may be needed for employees with disabilities—temporary or permanent.
- Example: An employee recovering from leg surgery requests to wear shorts instead of full-length pants.
Race-Related Medical Conditions
Sometimes, policies that seem neutral disproportionately impact one group.
- Example: A shaving requirement may require an exception for men with health issues, such as pseudofolliculitis barbae, a condition aggravated by shaving.
Best Practice: Establish a written dress code, distribute it to all employees, and review it periodically to ensure inclusivity and compliance with applicable laws.
Dress Code Today, Smart Staffing Tomorrow
Getting dress codes right is just one part of effective workforce management. Having a solid grasp of policies enables your HR team to focus on broader strategies, such as staffing more effectively, enhancing employee retention, and streamlining HR processes.
That's where StarGarden comes in. With over 30 years of experience, we offer custom-built HR and payroll solutions designed for specialized industries, complex compliance needs, and organizations that operate across jurisdictions. Our integrated systems manage everything from policy automation and scheduling to payroll and performance.
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Disclaimer: This blog provides general information and should not be construed as legal advice. Always consult legal counsel for specific concerns related to dress code policies or workplace regulations.