Do Workplace Dress Codes Violate Employee Rights?

Many people who must abide by a dress code at work have questions. Do they violate employee rights?

Employers have varying opinions on what is appropriate. Many companies enforce a dress code to some degree. Some require uniforms. Others require employee-supplied shirts of a certain color or just restrict them from wearing certain items.

Dress codes are common. But that doesn’t stop employees from questioning whether they are acceptable or an infringement on their rights.

Here’s what you need to know.

What’s the Purpose of a Dress Code?

First, it’s important to examine why employers enact and enforce dress codes. Employers have a right to set rules that ensure the professionalism, safety, and productivity of their employees.

A dress code can represent the kind of image a company wants to project. It can also encourage employees to maintain an appropriate level of dress for the job. However, dress codes should not discriminate against specific employees based on factors like race, gender, or religion.

Some employees feel uncomfortable with the dress codes set by employers. While dress codes are meant to improve the company’s image and foster a sense of unity, they can also limit self-expression and cause employees to feel unhappy or uncomfortable. Some people may see dress codes as an attack on their style and preferences.

As long as a dress code is not discriminatory, it’s up to each person to decide if they are interested in working for a company that enforces a dress code.

Dress Codes Can Violate Employee Rights

In most cases, dress codes are legal. However, they can be discriminatory if they target some groups more than others.

For instance, dress codes prohibiting certain hairstyles tend to be discriminatory. Employers might discourage people from dying their hair in unusual colors, but they must be flexible and accommodating to their employees.

Many states and cities have passed variations of the Crown Act, banning hairstyle discrimination. Just recently in New York State, lawmakers discussed the creation of guidelines that would uphold existing laws that prevent religious discrimination related to clothing and facial hair after a Sikh law enforcement officer was prevented from growing facial hair.

Dress codes can become a serious issue if they infringe upon an employee’s religious beliefs. For instance, forbidding an employee to wear a hijab in your workplace violates their religious beliefs. If your employer restricts religious attire it could be an instance of discrimination.

How Do You Know If Your Employer’s Dress Code Is a Problem?

There are pros and cons regarding dress codes. They can encourage professionalism, but they cannot infringe on an employee’s rights.

Dress codes should be well thought out, fair, not discriminatory, and flexible. While employers can enforce their dress codes without taking away individual expression, they should respect the individualism of their employees and not exert oppressive control. When setting dress codes, employers must ensure that their rules do not violate their employee’s rights. If you feel that your dress code is overly restrictive, discriminatory, or affecting your rights in any way, you can bring it to the attention of relevant authorities.

For more information about dress codes or to speak to someone about your rights in the workplace, contact Borrelli & Associates, P.L.L.C.