Legal Question in Employment Law in Pennsylvania

Can women be forced to wear skirts at work?

I work at a local diner as a waitress. Upon being hired,I was given a verbal description of their uniform requirements which consisted of uniform shirts rented from their uniform service which a small rental fee is deducted from my paycheck,,and black dress pants or skirt whichever we preferred.This weekend on May 30,2003, a handwritten notice was posted on the bulletin board that as of June 1,2003 servers are required to wear skirts only,,no pants.I asked the manager the reason for this sudden uniform change,she replied that the owner of the diner prefers women to wear skirts over pants.The diner does not reimburse workers for purchasing clothing worn on the job,nor do they give an allowance. The uniform has not been at all changed for the male servers employed at the diner. Can the diner terminate my employment due to my refusing to wear a skirt? To me this appears sexist. I feel my personal rights are being encroached upon. Please let me know if I and the other women I work with have a leg to stand on,or can women be forced to wear skirts and dresses in the 21st century?


Asked on 6/02/03, 11:17 am

1 Answer from Attorneys
David L. Bargeron Unemployment Help Center

Re: Can women be forced to wear skirts at work?

I think that you may have a case of discrimination. You should not be forced to wear a skirt based solely on your sex. I suggest that you contact the EEOC or Pa. Human Relations Commission for additional help. You can find the information in the blue pages of the telephone directory.

Please call me if you need further advice.

David L. Bargeron, Esquire

610-972-6610

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Answered on 6/17/03, 1:08 am


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