Can My Employer Dictate What I Wear at Work?

What you wear at work may seem like your business, not your boss’s. However, employers have legitimate reasons to care about their employees’ appearance in the workplace. Employers can have company dress code requirements and restrictions.

Understanding the legal grounds for dress code policies and your rights as an employee is important. This includes knowing when dress codes may infringe on personal rights and how to address any concerns with your employer. For legal advice about your civil rights in the workplace, talk to an employment lawyer.

Understanding Workplace Dress Codes

Employer dress code policies are generally valid as long as they are not discriminatory. There are several reasons why a company may enforce dress codes for workers, including:

• Professionalism
• Standardization with work uniforms
• Health and safety codes
• Safety reasons

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Clothing Restrictions for Safety Concerns

Employers can generally impose clothing restrictions for safety reasons. In some cases, safety restrictions conflict with religious freedoms.

For example, employers may require personal protective equipment for the job. Employers could limit any clothing that impairs using safety equipment. Employers could also limit loose types of clothing that could get caught in machinery or limit the worker’s movements.

Restrictions on Pro-Union Activity

The National Labor Relations Act (NLRA) allows workers to wear pro-union insignia. This includes t-shirts, buttons, and pins. Dress codes cannot restrict these rights unless the employer can show special circumstances.

If an employer lets workers wear casual clothes, they can’t prohibit t-shirts promoting unions. For example, if employers cannot wear t-shirts, they can generally still wear union pins.

Sex Discrimination and Sexual Harassment

Dress and grooming codes for men and women can seem outdated. Your employee handbook may have different grooming requirements for male and female employees. Employee policies can put restrictions on clothing and grooming standards, including:

• Hair length
• Beards and facial hair
• Makeup
• Visible tattoos
• Piercings and jewelry

Different courts have different approaches to grooming restrictions based on sex. Some courts find it is not discrimination to allow female employees to have long hair but require short hair for male workers. In other states, employers cannot have different dress codes for male and female employees.

Dress codes based on appearance should also relate to the job. Some states allow makeup requirements for flight attendants, service workers, or broadcasters. Different policies may be discriminatory if they adversely impact one sex over the other. Sex discrimination also limits employment opportunities for one sex. Talk to an employment attorney if you think your employer’s dress code is discriminatory.

Religious Accommodations to Workplace Policies on Dress

Employers may have dress codes that violate an employee’s religious beliefs. For example, some workers wear head coverings or don’t shave facial hair for religious reasons. Even if an employer restricts head coverings or facial hair for non-religious reasons, it could may violate the worker’s civil rights.

The U.S. Supreme Court addressed this issue in a 2015 case, Equal Employment Opportunity Commission v. Abercrombie & Fitch. The clothing retailer refused to hire a Muslim applicant because of their hijab, claiming the head covering did not fit their “classic East Coast collegiate style.” The Court found the employer’s decision was motivated by a desire to avoid accommodating the applicant’s religious practice.

Employers must generally make reasonable accommodations for workers based on their religion. When an employer dictates restrictions on the worker’s religious beliefs, it violates Title VII of the Civil Rights Act.

Addressing Concerns with Dress Requirements

If you need a reasonable accommodation from the dress code based on your civil rights, talk to your employer. Most employers will grant an exemption as long as it does not interfere with your ability to do your job. Your employer should provide accommodations unless they cause undue hardship or safety concerns.

If your employer will not work with you to address your religion, disability, or other protected rights, you can take legal action. You can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC handles employment discrimination cases under federal law. However, your state law may provide additional employee rights.

Find an Experienced Employment Lawyer

An employment law attorney can review your case and explain your legal rights. Your lawyer can file an employment discrimination case to help you get compensation. Talk to an experienced employment lawyer who represents employees facing workplace discrimination. For more information, see our overviews on employment law and discrimination.