1. Careful Policymaking
2. Discrimination on the grounds of sex
3. Race and Discrimination of Disabled People
4. Religious Discrimination
6. Tattoos and piercing
7. Tips For Developing And Promoting Your Clothing
If you are like many employers, you are mistaken that discriminatory laws restrict your right to determine appropriate workplace clothes. In fact, you have a lot of discretion in what you can ask your employees to wear to work. Usually, a carefully crafted dress code, which should be used consistently, should not violate the laws on discrimination. However, this does not prevent employees from asking for your policies. This article, which is based on our free electronic newsletter on electronic information systems HR Matters, examines the common legal issues associated with code dressing and suggests ways to avoid problems.
Careful Policy Making
You've probably met a worker who complains that the dress code "violates my rights". Some employees even suffer discrimination on grounds of sex, religion or race under Title VII of the Civil Rights Act. However, if the clothing code is based on business needs and will be applied uniformly, it generally does not violate the civil rights of employees.
Claims for gender-based discrimination are typically unsuccessful if the consignment is not based on social patterns, it differs significantly between men and women, or places a greater burden on women. A policy that requires women to wear uniforms while Man's managers can wear a "professional dress" can be discriminatory. Dress requirements that reflect current social standards are generally respected, even if they concern only one gender. For example, in the decision of Eleventh Circuit Court of Appeals in Harper v Blockbuster Entertainment Corp., 139 F.3d 1385 (11th Circle 1998), the court upheld the employer's policy, which required only male employees to cut long hair.
Note, however, that at least one state, California, forbids employers to introduce a clothing code that prevents women from wearing trousers at the workplace. Under Article 12947.5 of the California Code of Conduct, an employer is forbidden to prohibit workers from wearing trousers due to the gender of the employee. California law makes exceptions, so employees in certain professions may be forced to wear uniforms.
Claims for racial discrimination and discrimination
Claims for discrimination on grounds of race may be even more difficult because the employee has to prove that the code of the employer's siege has a disparate impact on the protected class of employees. One limited area in which race claims have been successful is a challenge to "beardless" policies. Several courts have ruled that a policy that requires all male employees to be cleaned can discriminate if they fail to accommodate individuals with pseudofolliculitis barbae (PFB), which is a skin condition degraded by shaving, which occurs almost exclusively among African-American men.
Irregularity rules may also violate laws on disability discrimination. Several courts have ruled that the PFB is disabled and requires adequate accommodation under Disability Laws and the Federal Rehabilitation Act (which prohibits federal contractors from discriminating against disability-based employment).
Claims for Religious Discrimination
Employees are more successful when they claim that the codes of the ceremony violate the laws of religious discrimination. These claims are likely if an employer is unwilling to allow religious clothing or the appearance of employees. For example, politics can be discriminatory if it does not meet the religious interest of its employees to cover their heads or carry beards. However, if the employer can prove that the accommodation would be an unreasonable problem, for example if the employee's clothing has created security concerns, he may not have allowed an exception to his policy.
The applicant NLRA
A claim for clothing can also be filed under the National Labor Relations Act (NLRA). In line with the NLRA, employers, even in workplaces that are not members of an organization, generally prohibit the use of trade union badges. Employers can set neutral principles that would prohibit employees from wearing certain garments with insignia such as trade union t-shirts if they violate all shirts. However, some courts have stated that employees have the right to wear buttons and buttons to work, except that the wearing of these items poses a security risk or, in the case of publicly trained workers, employees are consistently obliged to wear uniforms without buttons and pins.
Tattoos and piercing
Many employees also mistakenly believe they have the right to tattoos and piercing at the workplace. While tattoos and piercings can be examples of employee self-confidence, they are generally not recognized as indications of religious or racial expression and are therefore not protected by federal discrimination laws. As with most personal looks and hair care standards, you have a great chance to set up rules on tattoos and piercings.
Tips for the Common Sense of Designing and Enforcing Your Dress Code
Here are some ideas to make sure your policies meet the above legal limitations:
1. Establish the policy for business reasons. Explain your reasons in principle so that employees understand the reasons behind the restrictions. Common business reasons include maintaining the public image of the organization, supporting a production work environment or adhering to health and safety standards.
2. Ask the staff to have a suitable, well-groomed look. Even casual gowns should specify what clothing is inappropriate (such as sweatssuits, shorts and jeans) and any special requirements for staff members dealing with the public.
3. Policy Notification. Use manuals or staff memos to alert employees to new policies, revisions, and fines for non-compliance. In addition, explain this policy to job seekers.
4. Apply a uniform code to all employees. This may make it impossible to claim that this policy adversely affects women or minorities. You may have to make exceptions if required by law. (See another proposal.)
5. If the situation requires an exception, ensure adequate accommodation. Be prepared to meet the requirements of religious practices and disabilities such as headgear and facial hair.
6. Apply a consistent discipline for breaking the clothes code. When disciplining offenders, point out why their clothing does not match the code and what they can do to comply.
For more information: http://www.ppspublishers.com/articles/dress_code_policy.htm