Legal Question in Business Law in California

Re: alright for women, not alright for men?

I made a brief check of California cases on dress codes in business, and did not find any decisions on the specific issue of earrings.

In general, dress codes are more likely to be lawful and permissible in more private situations such as to govern employees, in office environments, etc. and less likely to be permissible when applied to patrons of public-service establishments, e.g., shopping centers excluding people in hippie garb or restaurants refusing to serve patrons not wearing neckties.

Even so, public-establishment dress codes that distinguish between men and women may be legal if they are "reasonable" -- for example, it may be legal for a fancy restaurant to require men to wear ties but not impose the same requirement on women.

Therefore, I would conclude that if the employer here can show that distinguishing between men and women in application of its dress code was not purely arbitrary but had some reasonable foundation, a court would find the "unequal" application of the code permissible. Further, even if it were unreasonable, in a purely private situation the court might rule that there was no enforceable right and that the employer was free to discriminate. Contrary to popular belief, the Constitution does not forbid all discrimination; it only forbids discrimination where a government is a party, or where interstate commerce is somehow involved.

Still, you might want to discuss the particulars of your situation in a free initial conference with a local employment attorney to see whether there are any facts that could serve as grounds for a discrimination complaint.