Nose rings, frayed cuffs and cleavage.

AuthorCurry, Lynne
PositionHR Matters - Column

Seven months ago, you hired a cracker-jack marketer who quickly proved herself indispensable. "Jackie" had a way of connecting with people, accessing the media and describing the value of your organization in ways that lead to a dramatic increase in revenue. You don't want to lose Jackie, but she's just started wearing a nose ring. She thinks it's attractive, but you consider it off-putting to a sizeable number of potential clients.

You encouraged one of your long-term employees to use his annual leave because you worried he was burning out. "Bill" spent two weeks surfing off Baja California and returned relaxed. Although you enjoy the new at-ease Bill, you're concerned he now thinks it okay to wear flip flops and rumpled jeans with frayed cuffs to client meetings.

Because "Gloria" hopes to find a guy, she dresses in an edgy, provocative manner. You catch other employees looking at Gloria's cleavage and wish she'd realize how much shows when she bends over.

What right does an employer have to tell an employee how to dress? Can an employee get away with telling an employee he or she needs to go home and change clothes?

If you employ workers who push boundaries in how they dress at work, a dress code and a frank discussion may help. Employers may institute and enforce a dress code if it has a sound business basis and doesn't discriminate against an individual based on race, culture, age, sex, national origin or religion.

The best dress codes give employees clear, easy-to-follow standards and make ample allowance for individual preferences. Employers can set different standards for different jobs or sections of their company as long as they base their differing standards on sound business reasons and avoid discrimination based on sex, race, religion, age, culture or national origin. For example, many employers set stricter standards for employees having regular customer contact.

If your company's dress code differentiates between male and female employees or discriminates against those of different races, religions or national origin, watch out. Courts have ruled against codes requiring female employees to wear dresses while allowing male employees to wear slacks. Similarly, courts have ruled that companies that ask...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT