Legal Question in Employment Law in California

dress code in work place

I am a professional MBA who works in HR (new job). I was told that my skirts were too short and it is distracting! I am attractive and have nice legs.

They said that my skirts should be (at most) 3-5 inches above my knee. What I wear are professional, expensive suits from a store, Bebe, where "Ally McBeal" show gets their suits for their actresses.

I feel I am being singled out because I have nice legs and people notice. What about selective enforcement? If this policy is not spelled out clearly in the Employee Handbook, can they fire me for non-compliance? Are there any legal cases regarding skirt length?

If i tell them that I refuse and tell them that they must fire me and they put "skirt length" on my termination forms, do I have a case?


Asked on 6/27/99, 3:30 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: dress code in work place

An employer may establish reasonable rules of appearance and conduct. The HR function is an example to the entire organization. If an HR professional is bending the rules, company credibility will suffer. A simple directive to dress more modestly (skirts 3-5 above the knee) is enforceable, and disobediance could be cause for termination. I don't see a discrimination claim unless other employees are dressing in the same manner without discipline.

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Answered on 7/08/99, 8:14 pm


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