Legal Question in Employment Law in California

I've worked for an educational institution in CA for 10 years, there was never a dress code. A new administrator instituted a no jeans policy, we were informed Friday the policy would begin Monday. I now wear skirts and dresses. I was informed by the new admin that a parent complained of my skirt length (each is fingertip length) at a community meeting. He told me I need longer skirts and I need to go shopping. Apparently other employees with similar length skirts are not subject to the same rule. Is this type of targeting legal?


Asked on 8/27/14, 8:14 pm

2 Answers from Attorneys

Kristine Karila Law Office of Kristine S. Karila

Dress codes are lawful unless they violate a person's religious beliefs, etc. If you are an at-will employee (no written contract stating they will hire you for a set term), you can be fired for any lawful reason, including wearing dresses that are too short. A complaint about your skirt length and not others of the same length is not unlawful unless you are being targeted based on a protected class: age over 40, race, religion, pregnancy, disability, etc. If you have been asked to wear longer skirts, I would assume that your employer views your dress as unprofessional. You have an opportunity to correct that.

Read more
Answered on 8/28/14, 11:45 am
Terry A. Nelson Nelson & Lawless

Dress codes are legal, and so is 'unfair' treatment at work.

Unfortunately, not only are there no laws in CA against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice. That is, UNLESS the conduct is actually based upon discrimination, harassment or retaliation as defined as �illegal� under the Civil Rights Acts, ADA, FMLA , Whistle-blower, or similar statutes. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced. Now if the conduct was illegal under the above definitions, feel free to contact me for the legal help you�ll need.

Read more
Answered on 8/29/14, 4:11 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California