While one may not automatically equate dress codes with workplace civility, dress codes do have a role in promoting a respectful and professional workplace culture. Conversely, a dress code policy can lead to discord among employees and even violate employees’ legal rights under some circumstances.
Employers may enforce job-related dress code policies that apply equally to all employees, regardless of protected characteristics. Dress codes should be clearly communicated, fair, reasonable, and mindful of employees’ diverse backgrounds. However, dress code policies should avoid subjective determinations and focus on consistent application and enforcement to avoid difficulties.
Nonetheless, different generations may have conflicting ideas about appropriate workplace clothing. Members of Generation Z are likely to favor more casual dress in the workplace. In contrast, older generations may favor the more formal office dress code they were subject to at the beginning of their careers.
Furthermore, employers must be aware that poorly written dress codes, inconsistent enforcement, and subjective determinations can lead to discrimination. For instance, some dress codes may prohibit head coverings, jewelry, and similar accessories. Those dress code provisions may run afoul of some employees’ religious beliefs and observances, such as head coverings worn by some Jewish men and Muslim women. In these situations, employers must clarify that they will provide reasonable accommodations for religious beliefs so long as they do not create an undue hardship.
Employers also must be cautious to prohibit clothing that could contribute to hostile work environment claims. For example, sexually inappropriate or revealing clothing could lead to claims of harassment or discrimination. Likewise, clothing displaying controversial political symbols, such as swastikas or Confederate flags, also could lead to hostile workplace claims by other employees. Employers have the right to prohibit all non-work-related attire and accessories, including political shirts and pins, as long as they apply those policies equally to all employees. The only exception is under the National Labor Relations Act, which allows employees to wear union attire and pins, absent from extraordinary circumstances such as safety concerns.
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