As an employer, you want to avoid discrimination claims. You are not intentionally trying to discriminate in the rules and regulations that you create for the workplace. Not only are you trying to avoid disputes or potential litigation, but you are also genuinely trying to respect your employees’ rights.
To that end, it is important to consider how you institute a dress code. You are allowed to create a dress code or even give employees a uniform to wear, but it is important to do so properly.
Dress codes should apply equally to everyone
The most important thing to consider is that the dress code does not single out any group of individuals who may be in a protected class – such as age, gender, disability, religion or race. It should apply equally to every employee.
For example, you cannot give a dress code only to female employees, while allowing male employees to wear anything they would like. You cannot tell workers from a certain ethnic background that they have to wear a specific uniform, while allowing workers from other backgrounds to wear the clothes that they choose.
In some cases, this may happen unintentionally, so you need to carefully consider the impact that the dress code will have on all groups of people. For instance, if people from a certain religious background have specific types of headwear or jewelry that they wear, making a dress code that prohibits this could be problematic. Even though it would technically apply to all employees, only those from that religious background would actually be affected and may feel that they are being targeted or discriminated against.
Resolving a dispute
Properly instituting a dress code that is equal and fair can help avoid disputes. But if one arises, make sure that you know exactly what legal steps you can take.