South Africa has no formal guidelines or regulations canvassing the often controversial topic of office dress code. Employers can also implement different dress codes on different days, as long as this information is effectively communicated. It’s fair to give people at least one full week (including weekend) to purchase the things that they’ll need. It might also discriminate against employees whose religious beliefs require beards. For example, if safety is a concern, you might agree to wear a hairnet. This paper is not intended as guidance from Acas about how to apply the law in relation to dress codes nor as an endorsement by Acas of practices to be adopted in the workplace. However, that is far from guaranteed. Thus, for an employer, it is very important to write down a specific set of guidelines in the form of a policy for the employees. Women are not required to wear skirts and, in fact, most choose to wear pants. But certain limitations are imposed by federal and state laws prohibiting employment discrimination in the workplace. Some religions have rigid standards of dress. Employee appearance contributes to [Company Name]’s culture and reputation. Dress codes … There are legal limits on the grooming and dress code requirements an employer can adopt. However, an employer that required employees of only one gender to wear uniforms or follow a dress code might be violating the law. Providing flexibility to employees is an effective way for employers to avoid running afoul of the Code. If an employer has a dress code, it should modify it to avoid gender stereotypes and enforce it consistently. By law, employers are not permitted to discriminate against employees for their religious belief, including their commitment to their religious standards of dress. For example, if your employer requires male employees to have hair no longer than their collars, but your religious views prohibit cutting your hair, you should explain that to your employer. However, as employers are entitled to lead and share out working duties etc. Workplace dress codes brought to heel by Australia's discrimination laws By Nick Toscano and Workplace Reporter Updated May 12, 2016 — 4.31pm first published at 2.25pm Many employers have policies that regulate employee appearance and dress. Employees would be asked not to turn up to work in jogging pants and baseball caps, or t-shirts with offensive slogans or overly noticeable designs. For employers of unionized workplaces, the primary consideration is whether the dress code policy is reasonable. Generally speaking, employers have the legal right to establish dress and grooming codes for employees. As is often the case in employment law, the answer is that it depends. For example, men and women can have different dress codes if the dress codes do not put an unfair burden on one gender. In short, do not enforce your dress code … “If men are required to wear a suit and tie, an employer can mandate that female employees dress in analogous type of business attire,” said Jeffrey Kimmel, an employment lawyer and partner at the national law … A dress code might be discriminatory if it treats employees differently based on a protected trait (such as sex or disability) or if it has a disproportionate effect on members of a protected class. KCY at LAW has significant experience helping employers craft fair and enforceable workplace policies that will protect your business interests while respecting your employees’ rights to individual expression. Employers must be careful to offer reasonable accommodation or face a complaint of religious discrimination. Bear in mind that your requests shouldn’t be prohibitively expensive. While that authority may be limited by law, in most cases the authority to establish or to change required dress is yours. The dress code states that religious head coverings of any type may be worn with the uniform. A policy requiring men to have short hair might discriminate against employees who religious beliefs prohibit cutting hair. The attorney listings on this site are paid attorney advertising. Dress code discrimination in the workplace High heels jumped straight off the fashion pages and onto the front pages last week when a Receptionist launched an online petition after refusing to comply with her employer’s female grooming policy. Acceptable Clothing for Women. It is up to the employer to decide which dress code is suitable and/or necessary in terms of safety at the workplace. Dress codes highlight an odd fact about sex discrimination cases: While laws prohibiting sex discrimination require employers to treat men and women equally, our society is still comfortable with the belief that there are fundamental cultural differences between the genders. It depends. The dress code states that employees, regardless of sex or gender identity, can wear whatever option they choose and religious head coverings of any type may be worn with the uniform. Email address. If you are a clothing retailer targeting young customers, your employees could have a much more flexible dress code, compared to the dress code that would be in place for a law firm. “If men are required to wear a suit and tie, an employer can mandate that female employees dress in analogous type of business attire,” said Jeffrey Kimmel, an employment lawyer and partner at the national law … A policy requiring employees to be clean-shaven might discriminate against African Americans, who are more likely to have a skin condition that makes shaving painful. Under Australian law, enforcing a dress code that mandates specific articles of clothing for employees based on gender opens the door for discrimination claims. Workplace Dress Codes and Employment Law By Tammy Binford May 15, 2012 HR Hero Line Because styles and new thinking about what’s acceptable attire in the workplace are ever changing, HR professionals continue to struggle with dress codes . An employer will often have a dress code for a workplace or part of a workplace, especially if the employees are dealing directly with the public. Dress codes Can an employer have a dress code requiring female employees to […] If you are asked [about your apparel], explain why you wear what you wear and the history of the outfit. Policies that impose different requirements on men and women. For safety reasons or to create a good image, you may want to make it clear that slippers are not appropriate workplace footwear. Because all casual clothing is not suitable for the office, these guidelines will help you determine what is appropriate to wear to work. Business casual dress is the standard for this dress code. Men and women must be treated equally, but don’t need to be subject to the exact same rules. Failure to apply the dress code across the board can lead to several legal concerns. 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