Dress Code Legal Issues - Workplace Dress Code Issues to consider

California Labor Laws Mandatory Overtime - Dress Code Legal Issues - Workplace Dress Code Issues to consider

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California Labor Laws Mandatory Overtime

1. Particular course Drafting

2. Sex Discrimination

3. Race and Disability Discrimination

4. Religious Discrimination

5. Nlra

6. Tattoos and Body Piercings

7. Commonsense Tips for Drafting and Enforcing Your Dress Code

If you are like many employers, you may mistakenly believe that discrimination laws restrict your right to resolve proper workplace dress. In fact, you no ifs ands or buts have a lot of discretion in what you can require your employees to wear to work. Generally, a carefully drafted dress code that is applied consistently should not violate discrimination laws. However, this fact will not stop employees from questioning your policy. This article, from our Hr Matters E-Tips free electronic newsletter, examines common legal challenges to dress codes and suggests ways you can avoid problems.

Careful course Drafting

You probably have been faced with an laborer who complains that a dress code "violates my rights." Some employees will even go so far as to allege discrimination on the basis of sex, religion, or race under Title Vii of the Civil rights Act. However, if a dress code is based on enterprise needs and applied uniformly, it generally will not violate laborer civil rights.

Sex Discrimination Claims.

Sex discrimination claims typically are not prosperous unless the dress course has no basis in group customs, differentiates significantly in the middle of men and women, or imposes a greater burden on women. Thus, a course that requires female managers to wear uniforms while male managers are allowed to wear "professional dress" may be discriminatory. However, dress requirements that reflect current group norms generally are upheld, even when they work on only one sex. For example, in a decision by the Eleventh Circuit Court of Appeals in Harper v. Blockbuster Entertainment Corp., 139 F.3d 1385 (11th Cir. 1998), the court upheld an employer's course that required only male employees to cut their long hair.

Be aware, though, that at least one state, California, prohibits employers from implementing a dress code that does not allow women to wear pants in the workplace. Agreeing to Section 12947.5 of the California Government Code, it is an unlawful employment custom for an owner to prohibit an laborer from wearing pants because of the sex of the employee. The California law does make exceptions so employees in definite occupations can be required to wear uniforms.

Race and Disability Discrimination Claims.

Race discrimination claims can be even more difficult to prove since the laborer must show that the employer's dress code has a disparate impact on a protected class of employees. One little area where race claims have had some success is in challenges to "no beard" policies. A few courts have carefully that a course that requires all male employees to be clean-shaven may discriminate if it does not adapt individuals with pseudofolliculitis barbae (Pfb), a skin health aggravated by shaving that occurs almost exclusively among African-American males.

No-beard rules also may violate disability discrimination laws. A few courts have ruled that Pfb is a disabling health and thus requires inexpensive accommodation under state disability laws and the federal recovery Act (which prohibits federal contractors from discriminating in employment based on disability).

Religious Discrimination Claims.

Employees have had more success claiming dress codes violate religious discrimination laws. These claims are likely if an owner is unwilling to allow an employee's religious dress or appearance. For example, a course may be discriminatory if it does not adapt an employee's religious need to cover his head or wear a beard. However, if an owner can show that the accommodation would be an undue hardship, such as if the employee's dress created a security concern, it probably does not have to allow the irregularity to its policy.

Nlra Claims.

Dress code claims also may be filed under the National Labor Relations Act (Nlra). To comply with the Nlra, employers, even in nonunion workplaces, may not universally ban the wearing of union insignia. An owner may set neutral policies that, when uniformly enforced, prohibit employees from wearing definite items of clothing that also have union insignias on them, such as T-shirts with union logos if the course prohibits all T-shirts. However, some courts have carefully that employees have the right to wear union buttons and pins to work, unless the wearing of these items creates a security hazard or, in the case of workers with group contact, the employees consistently are required to wear uniforms without buttons and pins.

Tattoos and Body Piercings.

Many employees also mistakenly believe that they have a right to show tattoos and body piercings in the workplace. While tattoos and piercings may be examples of laborer self-expression, they generally are not recognized as indications of religious or racial expression and, therefore, are not protected under federal discrimination laws. Accordingly, as with most personal appearance and grooming standards, you have wide latitude to set course with regard to tattoos and body piercings.

Common Sense Tips for Drafting and Enforcing Your Dress Code

Here are some ideas for ensuring that your course complies with the legal restrictions described above:

1. Base the course on business-related reasons. Expound your reasons in the course so employees understand the rationale behind the restrictions. common business-related reasons contain maintaining the organization's group image, promoting a sufficient work environment, or complying with health and security standards.

2. require employees to have an appropriate, well-groomed appearance. Even casual dress policies should specify what clothing is inappropriate (such as sweatsuits, shorts, and jeans) and any extra requirements for employees who deal with the public.

3. Divulge the policy. Use laborer handbooks or memos to alert employees to the new policy, any revisions, and the penalties for noncompliance. In addition, Expound the course to job candidates.

4. Apply the dress code course uniformly to all employees. This can prevent claims that the course adversely affects women or minorities. However, you may have to make exceptions if required by law. (See next suggestion.)

5. Make inexpensive accommodation when the situation requires an exception. Be ready to adapt requests for religious practices and disabilities, such as head coverings and facial hair.

6. Apply consistent discipline for dress code violations. When disciplining violators, point out why their attire does not comply with the code and what they can do to comply.

Learn more: http://www.ppspublishers.com/articles/dress_code_policy.htm

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