Legal Question in Discrimination Law in California

Re: Sexual Discrimination

Thank you for your inquiry.

When courts examine employers' dress codes, the most decisive factor that determines whether they will find discrimination is if the dress code or personal appearance standard has a legitimate business purpose. When you can show that the dress code does not have a legitimate business purpose for the policy, the court will most likely sustain an employee's discrimination suit. Examples of legitimate business purposes include:

1. safety concerns;

2. hygiene concerns; and

3. A company's need to present a well-groomed employee to your customers.

If a court believes, however, that the dress code isn't necessary for your business and that it has a discriminatory effect, it will be much more sympathetic to an employees' discrimination claims.

Implementing a dress code that treats men and women equally doesn't mean they have to wear exactly the same thing. To avoid discrimination claims, however, it does need to be equally burdensome on both sexes. For example, a dress code that requires women to wear a uniform but allows men to wear general business attire would be discriminatory. On the other hand, a dress code grounded in social norms -- requiring men to wear ties and requiring women to wear dresses or business suits -- most likely would not be found discriminatory.

I think your employer may be able to rely on this and state that sleeveless shirts are more a societal norm on women then on men in the workplace.

I hope that this information helps, but if you have other questions, need more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. I am happy to help in any way that I can.