Every employer wants its company portrayed with a positive image. How a business wants to portray itself through its workers also plays a key role in rapport, business relationships, values, and customer service. If explored too nonchalantly and communicated poorly to its employees, an employer could easily find itself up against unexpected discrimination claims.
Several labor laws contain employee protections that relate to professional image. For example, Title VII of the Civil Rights Act covers protected classes (e.g. age, gender, sex, religion, ethnicity, race, religion) in the workplace. While an employer can enforce specific dress code policies, some policies may inadvertently infringe on an employee’s protected rights (e.g. attire, jewelry, or body markings having a religious relevance). In general, professional image or dress code policies should not be discriminatory in nature or intent.
Does it mean that a company may not impose different standards for different categories of employees? Not necessarily. A company may impose a different dress code standard for men and women based on generally acceptable social standards. In fact, this practice has been tested and supported in federal court. In the case of Knott v. Missouri Pac. Ry. Co., a male employee was suing for the right to wear an earring at work, as female employees were permitted to do so. The decision basically stated that as long as male and female employees are held to similar professional appearance standards, the company may impose differing gender-based guidelines in accordance with generally acceptable social appearance standards without engaging in gender-based discrimination. The court decision went on to state that “minor differences in personal appearance regulations that reflect customary modes of grooming do not constitute sex discrimination within the meaning of [federal law],” and dismissed the male employee’s lawsuit. With respect to tattoos, as long as both male and female employees are required to cover up tattoos while working, the company is in compliance with the applicable regulations.
The following are some guidelines employers may consider:
- Get familiar with relevant labor laws that also pertain to workplace safety requirements (e.g. hard-hat and steel-toe shoe requirements at a building construction site).
- Give employees an opportunity to change their appearance to be more in-line with the company’s workplace culture policies (e.g. allowing the employee to go home and return to work in a company’s prescribed uniform attire).
- Provide options to cover up or remove visible appearance factors as a temporary solution during working hours (e.g. requirement not to wear any visible body piercings during working hours).
- Survey customers about their perceptions of the company’s image represented by the workers.
- Adopt policies that specify which department of employees may or may not be impacted.
An employer’s objective is to ensure their business is portrayed appropriately by their staff to specific customers and audiences. However, the employer is responsible for making sure that the right professional image and dress code policies are in place and that the policies respect the employees’ protected rights in the workplace.
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