Tattoos, Sandals, Yarmulkes, Dress and Appearance: Increasing Legal Challenges for Employees and Employers
From the length of one’s hair to the number and location of visible tattoos, to recognizing gender non-conformity style, to creating a summer dress code, employers are facing an increased need to determine their organization’s culture and policies, as well as following federal and state laws. How does an organization balance employees’ rights to express themselves with the organization’s rights to determine its legitimate business needs while maintaining an inclusive work environment? The pitfalls for employers are many. More businesses are likely to face these issues especially now that research is confirming these types of biases exist broadly across U. S. workplaces. The potential for organizational errors is plentiful. Organizations expect employees to use sound judgment in their dress and grooming, however, what if the employee’s sense of dress and grooming varies in the organizations? After all, types of self-expression have become more commonplace with society demonstrating more acceptance in people’s choices of self-expression - shouldn’t the workplace reflect this change in social rules too? Religious dress and dress that defies gender stereotypes are the two areas that are the most challenging for employers. These issues and others will be discussed.Learning Objectives To discuss legal issues surrounding Dress and Appearance in the workplaceTo list specific elements of a Dress and Appearance policyTo explore the role of unconscious bias and stereotypes play in discrimination through dress codes To identify prevention tactics to ensure employees are judged by their performance and not on stereotypesAreas Covered Guidelines by the EEOC regarding dress at workBody artInternational dressNational Labor Review Board’s take on a dressWhat should be considered in writing your dress code? Religious dress Sex stereotyping dressTattoosPolitical dressWho Should AttendManagers throughout the organization Directors throughout the organizationHuman Resources generalists, managers, directorsWhy Should You Attend Dress codes are receiving a fair amount of attention in the courts these days. There have been a number of precedent-setting lawsuits dealing with dress codes requirements and how those requirements, even inadvertently, discriminate against potential and current employees based on their gender, religion, and race, to name a few. It is critical that human resources professionals and managers understand the importance of a discriminatory free dress code to ensure all job candidates and employees are treated fairly and equitably.
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From the length of one’s hair to the number and location of visible tattoos, to recognizing gender non-conformity style, to creating a summer dress code, employers are facing an increased need to determine their organization’s culture and policies, as well as following federal and state laws. How does an organization balance employees’ rights to express themselves with the organization’s rights to determine its legitimate business needs while maintaining an inclusive work environment? The pitfalls for employers are many. More businesses are likely to face these issues especially now that research is confirming these types of biases exist broadly across U. S. workplaces. The potential for organizational errors is plentiful. Organizations expect employees to use sound judgment in their dress and grooming, however, what if the employee’s sense of dress and grooming varies in the organizations? After all, types of self-expression have become more commonplace with society demonstrating more acceptance in people’s choices of self-expression - shouldn’t the workplace reflect this change in social rules too? Religious dress and dress that defies gender stereotypes are the two areas that are the most challenging for employers. These issues and others will be discussed.
Learning Objectives
- To discuss legal issues surrounding Dress and Appearance in the workplace
- To list specific elements of a Dress and Appearance policy
- To explore the role of unconscious bias and stereotypes play in discrimination through dress codes
- To identify prevention tactics to ensure employees are judged by their performance and not on stereotypes
Areas Covered
- Guidelines by the EEOC regarding dress at work
- Body art
- International dress
- National Labor Review Board’s take on a dress
- What should be considered in writing your dress code?
- Religious dress
- Sex stereotyping dress
- Tattoos
- Political dress
Who Should Attend
- Managers throughout the organization
- Directors throughout the organization
- Human Resources generalists, managers, directors
Why Should You Attend
Dress codes are receiving a fair amount of attention in the courts these days. There have been a number of precedent-setting lawsuits dealing with dress codes requirements and how those requirements, even inadvertently, discriminate against potential and current employees based on their gender, religion, and race, to name a few. It is critical that human resources professionals and managers understand the importance of a discriminatory free dress code to ensure all job candidates and employees are treated fairly and equitably.