Dress Code Policy

Employers generally have the right to establish an office or business dress code policy as a condition of employment.

For example, employers may define what business casual dress means and prohibit employees from wearing T-shirts, shorts, flip-flops and other overly-casual attire. Employers may also discipline employees for violating an office or business dress code policy.

However, as with all policies that govern employees, an employer must apply a dress code policy and related discipline equally to all employees in the same group. Otherwise, the employer faces the threat of discrimination lawsuits by employees.

A common discrimination that employees allege regarding a company dress code policy, is on the basis of sex. That's particularly so when employers have different dress code policies for each gender, and one or both are perceived by employees of a gender as unfairly singling them out.

Employers have the right to establish different dress codes based on gender, because men and women have customarily dressed differently. However, employers may not establish or enforce dress codes in ways that discriminate based on gender.

For example, a court would likely decide that an employer has the right to require men to wear ties at work, while not requiring women to wear them too; but, a court likely wouldn't let an employer get away with permitting men to wear T-shirts against a dress code policy, while unfairly disciplining or harassing women for wearing them too.

A relatively new discrimination that employees are alleging is on the basis of religion, when workplace dress code policies do not allow the employees to display body piercings or tattoos related to religious beliefs.

Employers also generally have the right to establish an office or business dress code policy that requires employees to wear work uniforms as a condition of employment. Employers may require employees to pay for their own uniforms too, such as through paycheck deductions.

However, employers may not profit from requiring employees to purchase work uniforms. Additionally, work uniform cost may not drop employee wages below the minimum wage or standard overtime pay for those who are eligible, regardless of how and where the employees purchase their uniforms.

If you think that your employer illegally discriminated against you regarding an office or business dress code policy, you may file a discrimination charge with the Equal Employment Opportunity Commission (EEOC) or a state equivalent. Don't wait too long, as a statute of limitations applies for taking legal action.

For example, for sex discrimination under Title VII of the Civil Rights Act, at this writing the statute of limitations for filing a charge with the EEOC is 180 days, 300 days if an equivalent local or state law also applies. If you don't know whether or not a state law applies, to be safe, assume that you have only 180 days or consult an attorney. Many attorneys take discrimination cases on contingency.

You must file a charge with the EEOC or state equivalent to preserve your right to file a lawsuit, should the EEOC not file one on your behalf. Hiring an attorney to file your charge in legalese might increase your chances that the EEOC will see enough merit in your case to pursue it in court. Again, many attorneys take discrimination cases on contingency.

Even if it's not discriminatory in the legal sense, an employee may still challenge serious employer discipline against him or her for company policy violation, including a dress code policy. See an attorney about that.

If the cost of your work uniforms drops your pay below the minimum wage or standard overtime pay for which you're eligible, consult an attorney or contact the Wage and Hour Division of the U.S. Department of Labor or state equivalent.