By Robert Wenzel
Virtually everyone has worked for a company that has a dress code. However, it can be difficult to establish a dress code without discriminating or harassing someone (even unintentionally). There are several factors that a business needs to take into account when establishing a dress policy.
The type of office environment often dictates what type of apparel an employee can or cannot wear. If an organization deals with customers or individuals face to face, the type of dress code that is implemented is different from that of a warehouse. Some things that the business needs to consider are the image that they want to portray to the public; if their client interactions are face-to-face or over the phone; and what type of clothing would cause the fewest amount of injuries in an industrial type setting.
At the same time, there are several legal factors that a business needs to keep in mind when establishing their dress policy. Some of the things that the organization needs to keep in mind are:
1) Religious discrimination: Some people may contend that their religious beliefs are being compromised if they are prohibited from wearing certain types of apparel in the workplace, such as a turban or head scarf.
It is important for the company to have a uniform policy for all workers. However, the organization needs to be flexible enough to make exceptions as they arise. Failure to do so could result in the business facing a lawsuit for failing to accommodate the individual’s religious beliefs.
2) Racial discrimination: It is imperative that a policy is enacted that does not discriminate against groups of people.
3) Disability discrimination: There is a possibility that an employee may not be able to meet the dress code standards due to a disability. For example, if an individual is in a wheelchair, they may not be able to wear an appropriate pair of pants when at work.
The business can accommodate the person by allowing them to wear bulkier clothing or a pair of pants that will allow the individual to perform their job to the best of their ability.
4) Gender discrimination: Most companies have different grooming standards for men and women. For example, women may be allowed to have pony tails and wear makeup, while men may not be allowed to do so.
An organization should periodically review their dress code for several reasons. First, it allows the company to establish if their policy is effective and if not, what revisions need to be made. In addition, the needs of the business may periodically change. What worked for the company five years ago may not necessarily be the best dress code at the present time.
Also, the organization should review the dress code to make sure that they are in compliance with all applicable state and federal laws. Failing to do so could open the business up to a lawsuit and having to spend money to protect themselves.
Lastly, a company may want to establish a policy and state that they reserve the right to modify the dress code as needed. This would allow the business the flexibility to change and revise their policy as needed.
Before implementing a policy, it would benefit an organization to meet with a business attorney. Doing so will allow the company to get a better understanding of what they should or should not include in their dress code. In addition, the business can bet a better idea of the current laws that are in place and what needs to be done to protect both the employee and company.