Do You Have a Dress Code at Work?
Generally speaking, your employer can tell you how to dress providing that its dress code does not violate state or federal laws which prohibit discrimination. A dress code is discriminatory if it prohibits employees from dressing according to their religious beliefs or in a manner representative of their ethnicity. Exceptions must also be made for employees who dress to accommodate a disability. Employers that create dress codes must consider the impact on the proposed dress code of the state and federal laws.
Your employer can require you to dress in formal business attire, or it can adopt a more casual dress code. The employer can define what the “casual dress code” is, and it must be reasonable in defining “formal business attire.” Employees cannot be forced to wear clothes that are unreasonably expensive. The dress code should bear some relationship to the requirements of the job. For example, an employee in a grocery store should not be expected to wear expensive slacks or skirts. An employee in an exclusive and high-end clothing store might be expected to dress in a manner that represents the clothing sold in the store.
An employer that requires its employees to wear a uniform or clothing with the company logo or to dress in certain types of clothing associated with the company, should provide the uniforms and pay to maintain them. However, a restaurant can require the servers to wear black slacks and a specific type of shirt, and this would not be considered a uniform. This clothing would be legal as long as there is no element of discrimination involved.
If an employer requires uniforms to be worn by employees as a condition of employment, then the employer must provide and maintain the uniforms; the employee cannot be made to pay for the uniforms. A uniform is considered to be clothing that has a distinctive design or color, and the employer can dictate nearly every feature of the uniform. When the employee quits or is terminated, the uniforms must be returned to the employer. Often, the employee is asked to provide written authorization to deduct the costs of the uniforms from their last paycheck if the uniforms are not returned. The employer cannot deduct any money for normal wear and tear. Employers may require a reasonable deposit as security for the return of uniforms they furnish.
A dress code can be discriminatory if it treats employees differently when there is no reason to do so. For example, female servers in a restaurant cannot be made to wear skirts since male servers can wear pants. Employees who want to wear clothing that represents their ethnic origins can do so providing the clothing doesn’t interfere with their job responsibilities. A person who wants to wear clothing indigenous to their native land must be allowed to do so providing it does not create a potential for harm to themselves or other employees.
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.
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