Laws on Discrimination for Clothing Attire in the Workplace

The Law

The federal Civil Rights Act of 1964 includes a section entitled "Title VII,” which prohibits employers with at least 15 workers from discrimination based on race, color, religion, sex and national origin. Additionally, an employee who complains of these actions against her is protected against retaliation if an investigation occurs. The law is in effect even before an employee is hired, if she is being considered for a job. Title VII is specific about discrimination for work attire when religion and gender are involved.

Religious Attire

Title VII forbids employers to refuse to hire an applicant based on what she’s wearing if the clothing is a necessary part of her religion. After an associate is hired, she cannot be discriminated against for wearing clothing that is part of her religion. For example, if an employee shows up at work wearing a religious head covering, such as a scarf, the employer is not allowed to take disciplinary action or fire the worker based on wearing the scarf. The employee can ask for a “reasonable accommodation,” and her boss is then obligated under law to take action to meet the accommodation. For instance, if the employee’s religious scarf is posing a safety hazard during work activity, and she asks for a reasonable accommodation, the employer can transfer the worker to another department where safety will not be an issue. If an employer disregards the law, the door is open for a lawsuit involving religious discrimination. The only situation in which a request for such an accommodation can be denied is when it will cause undue hardship for the employer.

Gender

Title VII also provides protection from gender discrimination, including when it involves work clothing. The law does not allow an employer to treat women differently than men regarding attire. For example, an employer cannot force women to dress in ways that might encourage stereotypes, such as making them wear tops with plunging necklines. In addition, the law allows a person to express her gender identity to others through accepted characteristics, like wearing her hair long. She also can dress in keeping with her gender, such as wearing dresses if she wants. Noncompliance with Title VII in this regard can set the stage for a sex discrimination lawsuit against the employer. Work clothing is expected to conform with accepted social customs -- women can wear dresses, men can wear slacks -- although some states, such as California, enforce laws allowing women to wear pants as well, thereby deviating a bit from traditionally accepted social norms.

Dress Codes

Employers can enforce dress codes and still comply with the law. The dress code, however, must not be based on religion or gender, and must be enforced fairly and equally between both women and men to avoid charges of discrimination. For example, displaying tattoos at work is generally not protected by federal or state discrimination laws. This means that, if an employee flouts a dress code that doesn’t allow visible tattoos, that employee can be legally fired from her job. If, however, the tattoos represent a required part of a religious practice and the worker is released from employment in connection with the tattoos, there may be the potential for a religious discrimination lawsuit backed up by Title VII.