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When might a dress code be discriminatory?

On Behalf of | Jan 29, 2025 | Workplace Discrimination

Employers are generally allowed to insist their employees adhere to the dress codes they stipulate. However, the dress code is not allowed to be discriminatory, neither by accident nor design.

Let’s look at what might make a dress code unlawful.

Prohibiting headwear

An employer might not feel it appropriate for their employees to work in baseball caps or beanies. However, they cannot just introduce a blanket rule banning all headwear, as this would unduly affect those who must keep their head covered due to their religion. 

Insisting everyone wear long pants

Many women happily wear long pants rather than dresses or skirts. However, for some women, this would go against their religious codes of dress, so an employer cannot insist they adhere to this.

No facial hair

Maybe an employer has a thing against beards and mustaches and decides to implement a clean-shaven-only requirement. While they could technically do this, they would be obligated to make exceptions for anyone who is bound by their faith to keep their facial hair.

Gender-based burdens

An employer is allowed to stipulate different dress codes for men and women. They cannot, however, impose a dress code that is more burdensome on one sex. So they cannot insist women come dressed in full make-up, skirts and heels while allowing men to turn up in hoodies and trainers. 

It’s not always obvious whether a dress code is discriminatory or not and it can sometimes depend upon the mix of employees who work in the place. If you are unhappy about the dress code your employer is insisting on, and believe it may be discriminatory, then you may need help to learn more.