they are also entitled to implement workplace dress code policies. 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. You might also want to offer extra help to those that will struggle with the cost, perhaps by offering a small wage advance to cover the immediate expense. For instance, choice regarding hair style or location of tattoos can be limited. However, an employer that required employees of only one gender to wear uniforms or follow a dress code might be violating the law. There are no federal laws that specifically state what dress code is permissible or impermissible at work. The dress code policy of a company details how employees are required to dress when they are at work. If an employer has a dress code, it should modify it to avoid gender stereotypes and enforce it consistently. Many employers have policies that regulate employee appearance and dress. Employers can enforce dress codes and still comply with the law. The typical office dress code is considered to be reasonable, as long as it applies to both men and women equally. Many employers require their employees to follow a 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 … If flexibility is not practical, then policies should provide exceptions for Code protected grounds. They must give their employees time to meet those demands, but can dismiss members of staff that don’t follow workplace dress codes. Why is the dress code required? As the employer, you have the authority regulate dress in yourworkplace. Now, we must also address body art — … Take into consideration the kind of attire that is suitable for your place of work, and formulate your dress code policies around this. It might also discriminate against employees whose religious beliefs require beards. While that authority may be limited by law, in most cases theauthority to establish or to change required dress is yours. There are instances when dress code requirements are a part of the safety system of a job. It's legal for an employer to require all employees, including those with disabilities, to wear a uniform or follow a dress code (for example, that employees wear professional business attire). Employers must keep equalities concerns in mind when implementing dress code policies. This is the law…” 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. Employers often have multiple objectives for dress codes, seeking to ensure a safe and Employers might allow people to wear Christmas jumpers on the last day of work, or to wear their pyjamas for charity fundraising. Dress codes have permeated workspaces for decades and this will likely not change. Email address. Employers must be careful to offer reasonable accommodation or face a complaint of religious discrimination. Requiring men to wear suits and women to wear skirts or dresses, while legal, is based on gender stereotypes. Under Australian law, enforcing a dress code that mandates specific articles of clothing for employees based on gender opens the door for discrimination claims. Employees are expected to present themselves in a professional manner that results in a favorable impression by clients and customers. All employees need to be made aware of the dress code once it’s been created. You can’t so easily argue that black high heels are essential, whilst black flat shoes are not appropriate. The important thing, whatever dress code you put in place, is that it’s reasonable and non-discriminatory. If flexibility is not practical, then policies should provide exceptions for Code protected grounds. Men and women must be treated equally, but don’t need to be subject to the exact same rules. Despite this, office dress codes often demand ‘smart casual’ wear. 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. Undoubtedly, they have the potential to affect an individual’s personal choice outside the workplace. Put simply, unless religious dress would affect an employee’s ability to do their job, it should be allowed. On the other hand, it would be unfair and unreasonable for an employee to allow necklaces but to ban religious jewellery, without a valid business reason for doing so. Conflict and tension can arise when an employer’s dress code differs from the standards set out by the employee’s religion. Requiring men to wear suits and women to wear skirts or dresses, while legal, is based on gender stereotypes. So, what exactly can employers ask of their workers? Email address. Address probable areas of conflict and specific problem areas that have or are likely to occur in your particular business. A dress code is a set of standards that companies develop to help provide their employees with guidance about what is appropriate to wear to work. No tattoos or piercings. An employer might not have a valid reason for banning the niqab in an office environment, but might be justified in banning a religious necklaces if all necklaces are banned from the workplace for health and safety reasons. Moreover, the code indirectly (non-verbal) tells you about the standards and expectation of the employer. Religion must also be considered when implementing workplace dress codes. 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 . The report covers employers’ and employees’ responsibilities on dress codes, making reasonable adjustments for disabled employees and considering the health and safety aspect of implementing changes to dress codes. Dress Codes and Company Culture. It should be non-discriminatory and fair. Intelligent feedback analysis at your fingertips. A policy requiring men to have short hair might discriminate against employees who religious beliefs prohibit cutting hair. Discrimination is against the law if a person is treated unfairly because of a protected characteristic, such as his or her race, sex, age, disability, sexual orientation, gender identity or intersex status. Policies that are difficult for employees with particular disabilities to follow. Employers should be flexible and not set dress codes that prohibit religious symbols – particularly in cases where they do not interfere with an employee’s work. If you are asked [about your apparel], explain why you wear what you wear and the history of the outfit. Workplace Dress Code Policy: The workplace dress codes are not just any code. Here are some examples: If you believe that your employer's policies discriminate, your first step should be to talk to the employer. 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. It is important for employees to understand that their appearance at work is a direct representation of their company and makes a lasting impression — both positive and negative — on customers, company visitors, and other employees. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. These laws prohibit discrimination in every aspect of employment, from hiring to firing. If you already have a policy in place, remind employees of the policy before the return to the office. You should have a good reason for anything that you ask of your employees. With 2020 (finally) coming to a close, we take a look at some of the key trends of the past year. As you create a dress code, think carefully about what you’re asking. 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