Dress Code Legal Issues - Workplace Dress Code Issues to reconsider

In Laws Problems - Dress Code Legal Issues - Workplace Dress Code Issues to reconsider

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In Laws Problems

1. Meticulous procedure Drafting

2. Sex Discrimination

3. Race and Disability Discrimination

4. Religious Discrimination

5. Nlra

6. Tattoos and Body Piercings

7. Commonsense Tips for Drafting and Enforcing Your Dress Code

If you are like many employers, you may mistakenly believe that discrimination laws restrict your right to determine proper workplace dress. In fact, you precisely have a lot of discretion in what you can wish your employees to wear to work. Generally, a thought about drafted dress code that is applied consistently should not violate discrimination laws. However, this fact will not stop employees from questioning your policy. This article, from our Hr Matters E-Tips free electronic newsletter, examines common legal challenges to dress codes and suggests ways you can avoid problems.

Careful procedure Drafting

You probably have been faced with an laborer who complains that a dress code "violates my rights." Some employees will even go so far as to claim discrimination on the basis of sex, religion, or race under Title Vii of the Civil possession Act. However, if a dress code is based on business needs and applied uniformly, it ordinarily will not violate laborer civil rights.

Sex Discrimination Claims.

Sex discrimination claims typically are not flourishing unless the dress procedure has no basis in group customs, differentiates significantly in the middle of men and women, or imposes a greater burden on women. Thus, a procedure that requires female managers to wear uniforms while male managers are allowed to wear "professional dress" may be discriminatory. However, dress requirements that reflect current group norms ordinarily are upheld, even when they influence only one sex. For example, in a decision by the Eleventh Circuit Court of Appeals in Harper v. Blockbuster Entertainment Corp., 139 F.3d 1385 (11th Cir. 1998), the court upheld an employer's procedure that required only male employees to cut their long hair.

Be aware, though, that at least one state, California, prohibits employers from implementing a dress code that does not allow women to wear pants in the workplace. Agreeing to Section 12947.5 of the California Government Code, it is an unlawful employment convention for an employer to prohibit an laborer from wearing pants because of the sex of the employee. The California law does make exceptions so employees in safe bet occupations can be required to wear uniforms.

Race and Disability Discrimination Claims.

Race discrimination claims can be even more difficult to prove since the laborer must show that the employer's dress code has a disparate impact on a protected class of employees. One limited area where race claims have had some success is in challenges to "no beard" policies. A few courts have thought about that a procedure that requires all male employees to be clean-shaven may discriminate if it does not adapt individuals with pseudofolliculitis barbae (Pfb), a skin condition aggravated by shaving that occurs almost exclusively among African-American males.

No-beard rules also may violate disability discrimination laws. A few courts have ruled that Pfb is a disabling condition and thus requires cheap accommodation under state disability laws and the federal restoration Act (which prohibits federal contractors from discriminating in employment based on disability).

Religious Discrimination Claims.

Employees have had more success claiming dress codes violate religious discrimination laws. These claims are likely if an employer is unwilling to allow an employee's religious dress or appearance. For example, a procedure may be discriminatory if it does not adapt an employee's religious need to cover his head or wear a beard. However, if an employer can show that the accommodation would be an undue hardship, such as if the employee's dress created a protection concern, it probably does not have to allow the irregularity to its policy.

Nlra Claims.

Dress code claims also may be filed under the National Labor Relations Act (Nlra). To comply with the Nlra, employers, even in nonunion workplaces, may not universally ban the wearing of union insignia. An employer may set neutral policies that, when uniformly enforced, prohibit employees from wearing safe bet items of clothing that also have union insignias on them, such as T-shirts with union logos if the procedure prohibits all T-shirts. However, any courts have thought about that employees have the right to wear union buttons and pins to work, unless the wearing of these items creates a protection hazard or, in the case of workers with group contact, the employees consistently are required to wear uniforms without buttons and pins.

Tattoos and Body Piercings.

Many employees also mistakenly believe that they have a right to show tattoos and body piercings in the workplace. While tattoos and piercings may be examples of laborer self-expression, they ordinarily are not recognized as indications of religious or racial expression and, therefore, are not protected under federal discrimination laws. Accordingly, as with most personal appearance and grooming standards, you have wide latitude to set procedure concerning tattoos and body piercings.

Common Sense Tips for Drafting and Enforcing Your Dress Code

Here are some ideas for ensuring that your procedure complies with the legal restrictions described above:

1. Base the procedure on business-related reasons. By comparison your reasons in the procedure so employees understand the rationale behind the restrictions. common business-related reasons contain maintaining the organization's group image, promoting a efficient work environment, or complying with condition and protection standards.

2. wish employees to have an appropriate, well-groomed appearance. Even casual dress policies should specify what clothing is inappropriate (such as sweatsuits, shorts, and jeans) and any special requirements for employees who deal with the public.

3. Delineate the policy. Use laborer handbooks or memos to alert employees to the new policy, any revisions, and the penalties for noncompliance. In addition, By comparison the procedure to job candidates.

4. Apply the dress code procedure uniformly to all employees. This can forestall claims that the procedure adversely affects women or minorities. However, you may have to make exceptions if required by law. (See next suggestion.)

5. Make cheap accommodation when the situation requires an exception. Be ready to adapt requests for religious practices and disabilities, such as head coverings and facial hair.

6. Apply consistent discipline for dress code violations. When disciplining violators, point out why their attire does not comply with the code and what they can do to comply.

Learn more: http://www.ppspublishers.com/articles/dress_code_policy.htm

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