Legal Question in Discrimination Law in California

Re: Dress Code

In general dress codes and uniforms are legal. They should bear some relationship to the job, but employers (and schools or campuses) have some latitude in setting dress-code policies.

What is not legal is a dress code or uniform policy that discriminates against one group of employees on the basis of their race, color, religion, national origin, age or sex. For example, employers cannot require women to wear uniforms and not require men to do the same. Different rules for men and women can be acceptable, however, if they do not put an unfair burden on one gender or deny employment opportunities to one gender. For example, a dress code that allows women, but not men, to wear skirts would probably be acceptable.

A policy may be discriminatory if it has a greater impact on one group of employees than another. A policy is illegal if it affects blacks more than whites, disabled more than non-disabled or Jews more than Christians. If a policy does affect one group more than another, the employer must have a business justification for the rule. Conflicts often arise when dress code policies and religious requirements clash. Many religions require followers to dress in a certain way or wear certain items of clothing. For example, a policy that prohibits employees from wearing hats may affect a Muslim employee who wears a head covering required by her religion.

Employers are required to accommodate an employee's particular disability or religious belief; altering a dress code may be a reasonable accommodation. For example, if an employer normally requires employees to wear a t-shirt, it could accommodate the religion of a female Orthodox Jewish employee by allowing her to cover her arms. However, if wearing a particular item of clothing is required for safety reasons, an employer may require you to wear it even if doing so would discriminate against you on the basis of your religion.