Topic:
1. Prudent policy formulation
2. Sex discrimination
3. Racial and Disability Discrimination
4. Religious discrimination
5. NLRA
6. Tattoo and body piercing
7. Tips for drafting and implementing your dress code
If you are like many employers, you may mistakenly believe that the law of discrimination restricts your right to decide on the right workplace. In fact, you are free to judge what your employees need to wear. Often, well-crafted dress code requirements that have been adopted should not violate the law of discrimination. However, this fact does not prevent employees from asking about your policies. This article comes from our HR Matters E-Tips free e-newsletter, reviews the common legal challenges of the dress code and suggests ways to avoid it.
Careful policy development
You may already be facing an employee complaining that the dress code "infringes my rights." According to Chapter 7 of the "Civil Rights Act," some employees may even claim discrimination on the basis of sex, religion or race. However, if the dress code is based on business needs and a unified application, it will generally not infringe the employee's civil rights.
Sex Discrimination Requirements
Sex discrimination requirements are usually not successful unless the clothing policy does not have the basis of social customs, men and women vary widely, or places a greater burden on women. Therefore, a policy that requires female managers to wear uniforms and male managers are allowed to wear "professional wear" may be discriminatory. However, dress requirements that reflect current social norms are usually maintained even if they only affect one gender. For example, according to Harper v. Blockbuster Entertainment's Eleventh Circuit Court of Appeals decision, 139 F.3d 1385 (11th Circuit Court of the 1998), the court supported employers' policy that as long as the male employee cuts his long hair.
But please note that at least one state, California, prohibits employers from wearing dress code that does not allow women to wear pants in the workplace. According to section 12947.5 of the "California State Government Act", employers prohibit employees from wearing pants because of their gender. This is illegal employment. California's laws do have exceptions, so employees in certain occupations may need to wear uniforms.
Race and Disability Discrimination Statement
A statement of racial discrimination may be more difficult to prove because the employee must prove that the employer's dress code has a different effect on the protected employee class. A limited area in which racial propositions have achieved some success is the challenge to the "beardless" policy. Some courts have argued that the policy of requiring all male employees to clean their shaving may discriminate against individuals who have false eyelashes (PFB), a skin disease that occurs almost exclusively in African-American men.
The rule of beardlessness may also violate the disability discrimination law. Some courts ruled that PFB is a disability condition that requires reasonable accommodation under the State Disability Act and the Federal Rehabilitation Act (which prohibits federal contractors from discriminating against employment based on disability).
Religious discrimination claim.
Employees claiming dress code violations of religious discrimination laws have achieved more success. If the employer is unwilling to allow employees to wear religious dresses or appearances, these claims are likely to occur. For example, if the policy does not meet the religious needs of employees to cover their heads or leave beards, it may be discriminatory. However, if the employer can prove that the accommodation is excessively difficult, for example, the employee's clothing poses a security problem, then it may not need to allow its policy exception.
NLRA claims.
The dress code may also be filed under the National Labor Relations Act (NLRA). In order to comply with NLRA, employers, even in ununited workplaces, may not generally prohibit wearing union badges. Employers can establish a neutral policy, and in uniform implementation, employees are prohibited from wearing certain clothing that also has a union badge. For example, if the policy violates all T-shirts, a T-shirt with a joint logo. However, several courts have found that employees have the right to wear work buttons and pins, but the wearing of these items poses a safety hazard, or for staff with public access, the staff must not wear uniform buttons and pins at all times.
Tattoo and body piercing
Many employees also mistakenly believe they have the right to show tattoos and body piercings in the workplace. Although tattoos and piercings may be examples of employee self-expression, they are not generally considered to be religious or racial expression and are therefore not protected by federal discrimination laws. Accordingly, as with most personal appearance and beauty standards, you have a great deal of freedom in the development of tattoo and body piercing policies.
Common sense for drafting and implementing dress codes
Here are some suggestions for ensuring that your policy meets the above legal restrictions:
1. Develop policies based on business-related reasons. Explain your reasons in the policy and let employees understand the reasons behind the restrictions. Common causes related to business include maintaining the organization's public image, promoting a productive work environment or complying with health and safety standards.
2. Employees are required to have a proper, neat appearance. Even casual clothing policies should specify which garments are not suitable (such as sportswear, shorts and jeans) and any special requirements of employees who deal with the public.
3. Communication policy. Use employee handbooks or memos to remind employees to pay attention to new policies, any amendments and penalties for non-compliance. In addition, explain the policy to job seekers.
4. Uniformly apply the dress code policy to all employees. This can prevent claims that policies have a negative impact on women or minorities. However, you may have to make exceptions if required by law. (See the next suggestion.)
5. Make reasonable arrangements when situations require exceptions. Get ready to meet religious and disability requirements such as headscarves and facial hair.
6. Dress uniform violation of the application of discipline. When punishing offenders, indicate why their clothing does not follow the code and what they can do to comply.
For more information: http://www.ppspublishers.com/articles/dress_code_policy.htm
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Orignal From: Dress Code Legal Issues - Issues to Consider in Workplace Dress Codes
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