Understanding Title VII: Employer Dress Code Laws

Navigating the intricacies of workplace attire often poses a significant challenge for both employers and employees. While the establishment of a dress code is a legitimate business concern aimed at promoting a sense of professionalism, employers must tread carefully. Employers must balance the need for a dress code against employees’ right to personal expression and beliefs. The complexity of this balance is particularly evident when policies intersect with legal protections such as those offered by Title VII of the Civil Rights Act of 1964.

This blog post explores the nuances of employer dress codes and the law. We will examine the delicate interplay between enforcing standards of professionalism while creating a respectful workplace that embraces individual expression, diversity and inclusion.

Title VII of the Civil Rights Act of 1964 is a landmark piece of legislation that has significantly shaped the American workplace. It prohibits employers from discriminating against employees on the basis of race, color, religion, sex or national origin.¹ This extends to all aspects of employment, including hiring, promotions, discharges, compensation, and terms, conditions or privileges of employment. Importantly, an employer’s dress code or uniform policy can run afoul of Title VII. Issues in this area have led to the development of a body of case law addressing what is permissible under these regulations.

Title VII intersects with other legal protections, such as the Americans with Disabilities Act (ADA), which requires accommodations for individuals with disabilities.² In some cases, the disability may impact dress or grooming standards. For example, an employee with a skin condition may need a modification to a uniform material to prevent irritation.

The Equal Employment Opportunity Commission (EEOC), which enforces the laws against workplace discrimination, has provided guidance on dress codes. The EEOC has indicated that, while employers can establish dress codes and appearance policies, they must avoid illegal discrimination and need to make exceptions for people who need accommodation for religious practices or disabilities unless doing so would cause “undue hardship.”³

Gender has historically played a prominent role in dictating workplace dress codes. Traditional policies have often required women to wear skirts or dresses, use makeup or conform to specific standards of femininity. At the same time, men have been expected to wear suits or maintain short haircuts. These gender-based expectations not only reinforce outdated stereotypes but also create environments where non-conformity can lead to gender discrimination or disciplinary action.

In recent years, there has been a growing awareness that enforcing gender-specific dress codes can lead to legal complications under Title VII. This statute’s prohibition against sex-based discrimination has been interpreted through legal challenges to include gender non-conforming and transgender individuals—a reflection of the evolving understanding of gender itself. Employers who strictly enforce traditional gender norms in dress codes may find themselves accused of unlawful employment practices if they fail to accommodate an employee’s gender identity or expression.

The EEOC has taken a strong stance against employers who impose restrictive gender-based dress codes. Their guidelines suggest that while employers can establish standards of dress for their employees, these standards cannot favor one gender over the other. This position was effectively backed by the Supreme Court decision in Bostock v. Clayton County, which solidified that discrimination against individuals based on their sexual orientation or gender identity is a form of sex discrimination under Title VII.⁴

One practical approach to avoid legal ramifications and encourage inclusivity is to adopt gender-neutral dress codes. This means establishing policies that apply to all employees regardless of their gender, such as allowing both men and women to wear pantsuits, offering uniform options that do not vary by gender and removing requirements that enforce gender-specific grooming or apparel.

These actions not only create a more inclusive environment but also demonstrate a commitment to diversity and equal treatment. As societal views on gender continue to evolve, it is imperative that organizations align their dress code policies accordingly to protect against potential discrimination claims and to foster a culture of acceptance and respect.

Balancing the expression of religious beliefs with dress code compliance represents one of the more complicated areas for employers navigating Title VII. The act mandates that employers must reasonably accommodate employees’ religious practices unless doing so would cause undue hardship to the business. This includes allowing certain types of religious dress and grooming practices in the workplace, such as the wearing of hijabs, turbans, yarmulkes or beards.

However, what constitutes “reasonable accommodation” and “undue hardship” often becomes a focal point in disputes over religious dress in the workplace. Generally, an accommodation is considered reasonable if it does not impose significant difficulty or expense on the employer’s operation. For example, allowing an employee to swap a uniform hat for a religious head covering of the same color might be a reasonable accommodation.

In EEOC v. Abercrombie & Fitch, the EEOC filed a suit on behalf of Samantha Elauf, a Muslim woman who was denied employment at Abercrombie & Fitch because her hijab conflicted with the company’s “Look Policy.”⁵ The U.S. Supreme Court ruled in favor of the EEOC in 2015. This case emphasizes that employers cannot make assumptions or decisions based on religious attire and must engage in a dialogue with the employee (or potential employee) to find an appropriate solution.

However, there can be limits to these accommodations. Suppose the employer can show that the accommodation would impose an undue hardship on the conduct of the business, such as compromising safety regulations. In that case, they are not required to fulfill the accommodation request.

Or, if the employee does not accept the accommodation offered and a case goes to court, the court may side with the employee, which is what happened in Cloutier v. Costco. In this case, an employee refused to comply with Costco’s dress code, which did not allow facial piercings. The employee claimed that her facial piercings were part of her religious beliefs as a member of the Church of Body Modification.⁶ Costco said the employee could continue working if she covered the piercing with a band-aid or wore a clear plastic retainer. The employee refused these accommodations, saying they went against her religious beliefs. Ultimately, the court ruled that Costco had not failed to accommodate Cloutier under Title VII.⁶

Legal considerations aside, allowing religious attire and grooming practices can be a powerful statement about a company’s commitment to diversity and inclusion. It can boost employee morale and cultivate a respectful and collaborative company culture. Employers are encouraged to adopt flexible dress codes and to train their management to respond to accommodation requests with sensitivity and understanding.

This proactive approach not only ensures legal compliance with Title VII but also enhances the organization’s reputation as an inclusive and fair employer.

For better or worse, dress codes play a substantial role in shaping a company’s culture. They outwardly reflect the organization’s values, contributing to its public image. A well-structured dress code can foster a sense of belonging and pride among employees, while a poorly conceived one can stifle diversity and individual expression.

Employers must develop a dress code that upholds the company’s standards of professionalism without undermining the diversity of its workforce. The key is to prioritize flexibility and inclusivity, allowing employees to feel comfortable and respected while at work. A dress code must account for varying cultural norms, body types and personal preferences to avoid any potential discrimination or discomfort.

Involving employees in the creation or revision of dress code policies can facilitate a culture of respect and collaboration. Employee feedback not only helps in accommodating a wider range of needs but also ensures that the workforce feels valued and heard.

Ultimately, a positive workplace culture is cultivated when employees feel that their personal identities are respected and that their workplace policies are fair and considerate. Employers who are committed to diversity and inclusion will actively review and, when necessary, modify their dress codes to ensure they are not impeding the positive culture they aim to foster. A dress code that resonates with principles of respect and equality can contribute to a work environment where all employees can thrive professionally without compromising their identity or beliefs.

As the business landscape advances, the approach to workplace dress codes is evolving to meet a new set of cultural and legal expectations. Organizations are looking forward to fostering environments that celebrate diversity and encourage inclusion, which implies a reimagining of traditional dress code policies.

Today’s progressive companies are implementing dress codes that allow for personal expression while still maintaining a professional atmosphere. The paradigm is shifting from strict, homogeneous standards to more flexible frameworks that recognize individuality. This includes paving the way for gender-nonconforming attire, cultural expressions and adaptable policies that accommodate the unique needs and identities of employees.

The legal impetus for these shifts often stems from court rulings that have broadened the understanding of discrimination. As case law develops and society’s understanding of identity becomes more nuanced, businesses must anticipate and adapt to these changes.

In practice, the future of workplace dress codes may increasingly veer away from prescriptive lists of “dos and don’ts” to general guidance that emphasizes overall neatness and appropriateness for one’s role, without unnecessarily stringent rules. For example, rather than mandating specific garments, companies might suggest a range of suitable attire options and allow employees to choose those that align with their personal style and comfort.

Technology also plays a role in shaping the future of dress codes. With more employees working remotely, there may be a significant departure from traditional attire in favor of a “digital dress code” focused on appearance in virtual meetings. While in-person dress codes may become less formal in some industries, professionalism in online interactions will likely gain emphasis.

Continuous education and training around the importance of diversity and inclusion are crucial as workplace dress codes evolve. It is vital for HR professionals, managers, and all employees to understand the why behind dress code changes and to recognize the value they bring in creating a respectful and welcoming work environment. Programs and workshops that address unconscious bias, cultural sensitivity and the legal landscape surrounding dress codes are instrumental in moving organizational culture forward.

The future of workplace dress codes lies in striking a balance between individual expression and maintaining a cohesive professional image. As companies navigate this terrain, those that can successfully integrate diversity and inclusion into their dress code policies will set the standard for a modern, equitable workplace.

A strong understanding of the legal framework of Title VII and other laws that impact the workplace is essential for HR professionals and people managers looking to build a more inclusive and compliant culture. By growing your legal knowledge, you can help businesses navigate the complexities of modern workplace culture. See what Tulane Law’s online Master of Jurisprudence in Labor & Employment Law (MJ-LEL) program can do for you.

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