Can My Boss Make Me Wear That?

An employer can make you wear uniforms, have a professional appearance, and require workplace safety gear. Employer mandates in employee handbooks or employment contracts must apply hair style laws, hygiene standards, and personal grooming standards equally. Discrimination laws require employers to make reasonable accommodations, unless there is a business necessity. Religious accommodations include wearing religious headwear unless it interferes with necessary protective equipment. Some states prohibit wage deductions for required uniform policies.

If you have questions about your employer’s dress code, talk to a local employment law attorney for legal advice.

State and Federal Employee Rights Protections

Federal laws, including Title VII of the Civil Rights Act of 1964, protect workers against unlawful workplace discrimination. Employees experiencing workplace discrimination can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC).

Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations for people with disabilities, including uniform modifications.

Many state laws also provide enhanced protections for workers based on their clothing and appearance. For example, California has a Fair Employment and Housing Act and Workplace Religious Freedom Act.

These state laws prohibit employers from establishing policies based on hairstyles associated with race, requiring skirts, or height and weight restrictions. Workplace policies cannot discriminate against workers based on gender or religion.

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Reasonable Requirements for Professional Dress Policy

Most employers impose reasonable restrictions on employees to present a professional image, such as:

• Prohibiting the wearing of shorts, jeans, or flip-flops (or restricting them to “casual Fridays” or other such occasions)
• Requiring certain attire related to the work itself, such as personal protective equipment, aprons, or scrubs
• Requiring hair restraints or limitations on dangling jewelry for safety reasons

Employers may allow differences in professional attire between male and female employees, provided there are clear, nondiscriminatory bases. For example, an employer could require men to wear a tie.

An employer may discipline an employee for failure to comply with a dress code policy. For example, the employer could send the worker home without pay to change into acceptable attire. Employers can terminate employees for noncompliance with lawful workplace dress policies.

Dress Policy and Religious Beliefs

Employee dress and grooming policies may interfere with an employee’s religious beliefs or observances. Many religious practices involve dress requirements, such as head coverings, modest dress, or specific jewelry. An employer must allow such dress and may not isolate an employee from the public or other employees.

Many states require employers to show that accommodating an employee’s religious garb constitutes a “significant” expense or hardship to obtain an exemption. The U.S. Supreme Court addressed this issue in 2015 in a case involving Abercrombie & Fitch’s refusal to hire a Muslim woman because her hijab clashed with their “classic East Coast collegiate style.” The Court ruled this was motivated by a desire to avoid accommodating her religious practice in violation of Title VII.

In other cases, an employer must make accommodations for women who refrain from wearing pants or short skirts, or for men who maintain beards or long hair in observation of their faith. Religious dress protections should be broadly construed to include what one wears or how they groom themselves as part of their religious creed.

Dress Policy and Gender Discrimination

While it’s generally acceptable to maintain some reasonable distinctions between men and women in dress and grooming requirements, what is reasonable changes over time. For example, California law contains a notable requirement that women may wear pants.

State labor laws protect gender expression, requiring employers to permit employees to dress in accordance with their gender identity.

Body Art and Piercings

An employer can prohibit visible tattoos or piercings in the workplace, provided the rule is applied evenly to everyone.

One possible exception to this may be where one’s body art is part of a protected religious practice. However, case law indicates that, even in such cases, an employer may require a tattoo to be covered while at work.

Workplace Hairstyle Policies

More than half of all states have passed workplace discrimination laws based on hair texture and hairstyle. California was the first state to pass the Create a Respectful and Open World for Natural Hair Act (CROWN).

Some states have protected hairstyle and hair texture laws only for state employees. Many cities have also passed protected hairstyle laws in states without state laws. The following table indicates which states have CROWN Act protections for employment.

Employers Must Not Create a Significant Disproportionate Burden

If an employer has different requirements for employees, it must be objectively reasonable and may not create a higher burden on one group.

The 9th Circuit Court of Appeals held that an employer’s grooming standard requiring women to wear makeup was not discriminatory because the plaintiff failed to show it was more burdensome for women to wear makeup than for men to comply with the grooming requirements.

However, any undue hardship created by a workplace dress code standard could be discriminatory.

Legal Help for Workplace Discrimination Claims

For employers considering establishing dress and grooming policies in their workplace, the primary objective should be to advance legitimate business concerns. Legitimate business reasons can include maintaining a professional or branded image or protecting employees in the course of performing their jobs. However, policies must maintain an even-handed approach to all employees.

If you have questions about appearance standards in employment, whether as an employer or employee, talk to an employment lawyer. An employment attorney can provide legal advice about federal law and how to correctly word a company policy.