There is nothing prohibiting an employer from using a dress code. Employees may complain, especially if they did not originally have a dress code and it was instituted after they already started working for the company. But dress codes are not illegal in and of themselves.
The problem comes when dress codes are instituted improperly. In some situations, this could lead to discrimination, and that’s when employees may want to take legal action.
Significant gender differences
One example is if there are significant differences in the dress code between genders. Say that the CEO instituted a dress code that does not really provide much direction for male employees, but gives very strict instructions for exactly what female employees have to wear. This could be a case of gender discrimination.
Protected classes
In general, it is just important to ensure that the dress code does not discriminate based on any protected classes. If it is going to have a large impact on one group of employees, but not the entire workforce, then it can be an issue.
An example of this could be if an employer prohibits headwear in the workplace. Most employees are not wearing any headwear to begin with, but 10% of the employees belong to a religion where their specific headwear is very important to them. This type of dress code could be construed as religious discrimination because it targets those employees, even if it doesn’t explicitly say so.
Your legal options
If you are an employee who believes you have been facing discrimination on the job, you do have legal rights and protections. Take the time to carefully look into all of your options moving forward.