Legal Question in Appeals and Writs in New York

Dress Code May Put Employees in Danger

I work for the YMCA of greater NY for a program named Virtual Y! at P.S. 57 in Parkhill, Staten Island. They are implementing a dress code of Black slacks with Red shirts. The area we work in and school we work for is in a low income community. There are ''blood'' gangs that reside in the area (across the street from the school). Parents of children may be members as well. The colors red and black are a direct association with ''blood'' colors in such a neighborhood. If the dress code was changed to a blue shirt and black plants or yellow shirt ir even green, those are still associated with gang colors. The YMCA has been around for a long time but this dress code is poorly researched on their part. I want this situation to be taken care of before the dress code gets underway in the new year. We were told if we don't follow the dress code, we can't work for them. This is a harsh ultimatum considering the circumstance. I would like to know what can be done. Thank you.


Asked on 12/02/05, 1:31 pm

2 Answers from Attorneys
Meyer Silber The Silber Law Firm, LLC

Re: Dress Code May Put Employees in Danger

It sounds like you need to stop the YMCA's enforcement of the dress code. You could do that by filing an emergency request with the court--in Staten Island or in the county where you live--seeking an order temporarily stopping the implementation of the dress code and then having a hearing on the subject.

Please contact me if you would like to discuss this further.

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Answered on 12/04/05, 2:07 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Dress Code May Put Employees in Danger

This should really be filed under employment law.

Nonetheless, I will try and answer you.

With the facts you provide this seems to be a type of employment safety issue that might be covered by a section of the State Labor Law or Federal OSHA laws. You could try contacting the Department of Labor and asking a representative.

If the employees affected by this wish to take action as a group, the most effective action would be to seek an injunction against the YMCA

as a class action. It need not be done as a class action; you could bring the action yourself, but it would have a greater impact if all the employees affected, or several representatives, took action. I would be happy to discuss this further through email.

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Answered on 12/02/05, 6:52 pm


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