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Can an employer’s dress code be discriminatory?

Legally speaking, your employer likely has the right to put a dress code in place. They may give you a specific uniform to wear, such as if you work in a store where all employees wear the same polo shirts so that they are easily identified by customers. If you work in an office building, your employer’s dress code may specify business casual attire.

This is not illegal in itself, but there can be problems if you feel like the dress code is targeting you specifically. The general rule with dress codes is that they need to apply to all employees, and they cannot single out employees in a certain protected class.

Examples of potential issues

For instance, there are sometimes issues if male and female employees are given different dress codes that impose different burdens on them. An example could be a business where men do not have a specific dress code at all, but women are given a very specific list of things that they can wear. Since gender is a protected class, this dress code is clearly weighted unevenly against certain employees, who may allege that it is a violation of their rights.

There can also be issues when it comes to certain types of religious attire. An employer may set up a dress code prohibiting items that are only realistically worn by employees who are part of a particular religion. The employer may believe this is legal because, technically speaking, all employees are still bound by this dress code. But because it only affects those who follow the religion, it could be a form of religious discrimination.

As an employee, it is important for you to understand your rights and the legal steps you can take when you believe that a dress code or other workplace policies unfairly target you based on your inclusion in a specific protected class.

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