Legal Question in Discrimination Law in Maryland

Re: dress code discrimination

The dress codes should apply equally to both sexes to the extent that they can. For example, if there is a dress code requiring dresses to be worn at below-knee length, that would generally not apply to men but is not illegal. So the policy you speak of is not discriminatory on the basis of sex.

In fact, it is not discriminatory at all. An employer has the right to set reasonable policies as long as they do not discriminate re: race, sex, age, etc. And often it is the action of one employee, such as your wife wearing her jewelry, that causes a policy to be written. (It may seem unfair that it was initially aimed at her, but as long as it applies to everyone, it is legal.)

As for freedom of speech, there is no such protection in the workplace. The federal constitution, as well as all state constitutions, which guarantee free speech (which itself is limited in many circumstances anyway) apply only to actions by the government. Private employers are governed by statutes, not the constitutions, so there has to be a statute granting employees freedom of speech, which there is not.

Certainly, there are many workplace protections such as privacy and anti-discrimination, but freedom of speech is not one of them.

The best advice is for your wife to follow the employer's rules, as distasteful as it may be, if she prefers to keep the job. Of course, she should look for something better if she wants to.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.