Dress and Personal Appearance Policies:
The Do’s and Don’ts By Allison C. Ulmer & Bart W. Miller, Collins Cole Flynn Winn & Ulmer, PLLC
Although it is the middle of winter, warmer weather will be here before we know it, and with warmer weather comes flip-flops, shorts and questions about dress and personal appearance policies. This can be a tricky area for employers to navigate, as it is impossible to establish “bright line” rules regarding dress and appearance that can be enforced in all cases, all the time. Clear, neutral, reasonable policies that are consistently applied – but with accommodations made when necessary – will help employers stay out of legal hot water. This article provides an overview of the “do’s and don’ts” when preparing and implementing dress and personal appearance policies.
Policy Basics There is no legal requirement to have a dress and personal appearance policy, but many employers find it beneficial to have such a policy to create a professional image for the employer, to make it easier for employees to be identified, or for safety reasons. Dress and personal appearance policies can address topics such as clothing, shoes, tattoos, jewelry, piercings, facial hair, and hairstyles. They should
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be written in clear language with objective standards and examples so that the employer’s expectations and needs are clearly communicated to employees. Avoid subjective terms that are not defined, such as “professional appearance,” “business attire,” and “appropriate length.” Undefined, these terms tend to be subject to multiple interpretations. If you want to prohibit flip-flops, then say so! When preparing a policy, you may want to consider seeking input from employees. This can create employee buy-in, which is crucial for compliance, and boost employee morale. You should work with your legal counsel to craft a policy that meets your business needs in a manner that complies with the law. Problems typically arise when an employee desires to express his or her personality or beliefs in a manner that conflicts with the dress and personal appearance policy.
Legal Considerations Title VII of the Civil Rights Act of 1964 (Title VII) Title VII is a Federal law that applies to employers with at least fifteen
employees. It prohibits discrimination against an applicant or employee because of that person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or over), disability, or genetic information. These are known as “protected classes.” In order to satisfy Title VII, dress and personal appearance policies must be neutral, and they must not have a disproportionately negative impact on employees of a protected class, unless the policy is job-related and necessary to the operation of the business. This means a dress and personal appearance policy cannot differentiate between employees or treat some employees less favorably because of their “protected class.” For example, a policy that allows jeans and t-shirts on Casual Fridays but prohibits ethnic dress would discriminate on the basis of national origin, unless the policy is job-related and necessary to the operation of the business. Note, however, that courts have upheld policies that differentiate between men and women when they do not impose an unequal burden on either sex (for example, prohibiting visible piercings except pierced ears for women). We
