The lowdown on a "uniform" dress code for work
As someone who follows employment news, I’m always particularly interested to watch lawsuits that arise against larger companies over their workplace policies. As a smaller business, it’s a constant struggle for us to stay abreast of federal, state and local laws, regulatory interpretations, and court rulings, but you’d think the bigger companies would have an easier time of it.
Take the seemingly mundane area of wearing apparel and uniforms. You wouldn’t expect to see companies getting into trouble there, would you? Here are some recent cases within just within the last few weeks.
In Texas, Sandra Rawline was fired from her job at Capital Title, supposedly because she wouldn’t dye her gray hair. She claims that her employer wanted the office to have a more “upscale” image, and asked her to wear “younger fancy suits,” more jewelry and to dye her hair. Being satisfied with the way she looked, Rawline refused, and a few days later she lost her job. Rawline is suing based on age discrimination. The company claims her termination was performance based, and the courts will sort it out. Having myself once received a poor rating for appearance on a performance review because my boss said he didn’t like the perm I’d recently gotten, I know that such things can happen.
Then there’s Abercrombie & Fitch, which was recently sued when they told Hani Khan, a Muslim employee, that she could not wear her hijab at work. When hired, she had been told her hijab would comply with the company’s “look policy” as long as it was in the company’s colors. In her case, the EEOC determined it was a wrongful termination, and Khan has now sued based on religious discrimination.
An interesting story in contrast to this is about a Muslim employee who was hired by Disney for a job that required her to wear a costume. If you’ve been to Disneyland, you probably remember that most of the employees there wear some type of costume. Unsure how her hijab could be accommodated, Disney worked with a local American-Islamic Relations Council to devise a solution. They came up with a headscarf with a beret attached to the top which blended well with other employees’ costumes. It just took a little imagination, flexibility, and willingness to cooperate by all.
If you have a uniform policy for your employees, you can avoid being charged with discrimination by being open to the variation in needs of a diverse workforce.
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