Most employers have a dress code to guide employees’ workplace appearance. Dress codes vary from casual to business formal, usually depending on how often employees interact with clients or customers. Certain workplaces, such as factories or restaurants, have dress codes that emphasize safety and hygiene.

Dress codes encourage employees to dress appropriately while representing the employer. However, employers must be careful to ensure their dress codes do not directly or indirectly discriminate against employees. Plus, there are other specific legal considerations.

Here are some quick thoughts to help you review your company’s dress code for potential problems.

Do’s

• Have a written policy that all employees receive and sign off on. It is helpful if the policy includes specific examples, such as allowing heels, but not open-toed shoes.
• Enforce the dress code equally across your organization and have a system in place for addressing dress code violations.
• Allow exceptions for employees based on their religious beliefs.
• Consider establishing a uniform if it is important for customers to quickly identify employees.
• Consider the safety and hygiene needs of your workplace. For example, certain workplaces prohibit dangling jewelry for safety purposes. And consider prohibiting strong perfume/cologne if some of your employees have sensitivities.

Don’ts

• Don’t set different standards for men and women without a legitimate business reason for doing so.
• Whether your workplace is unionized or not, you usually cannot legally ban union buttons in the workplace. Consult with an experienced labor attorney before addressing this topic.
• Don’t set the expectations too low (i.e., too casual) that they undermine workplace productivity. Some clients will still expect a reasonable level of professional appearance, and unkempt attire can make coworkers uncomfortable.

Other Dress Code Considerations

• Union contracts may limit employer discretion regarding dress codes.
• Most employees favor more casual dress codes. Perks such as “casual Fridays” can help in competitive recruiting.
• Transgender situations are raising new questions in applying dress codes. The law is still developing in this area.
• Consider distributing a survey before enacting a new policy to get feedback.
• You can have two (or more) sets of rules that depend on whether the employee will interact with a client or customer that day or other appropriate business circumstances.

Summary

This is only a brief overview of some potential employee dress code issues. Employers should ensure their dress codes will not leave them open to discrimination complaints and tailor them to the specific needs of their workplace.

Even with this guidance, there are still many areas of uncertainty and complexity in drafting compliant, yet effective, workplace policies. You should involve an experienced employment lawyer in that process.