Legal Question in Employment Law in Tennessee

Dress code

I work for an organization and they do not have a dress code. However, one supervisor within the organization has implemented a dress code for her staff only. It does not apply to all employees within the same exact organization. The policy she implement is not in writing nor has it been approved by the Exec. Dir. According to the supervisor, non-compliance of the dress code states that employees must utilize four hours of either vacation or bonus time to go home and change. The supervisor handed out an example sheet to provide her staff of five with samples on how to dress. One of the samples consisted of a twin set (tank and sweater). However, an employee was sent home because the supervisor did not approve of the twin set. She stated that the tank and sweater were two different shades of blue was not considered to be a twin set. The employee was forced to utilize four hours of her time. Is that ethical? And is it possible to enforce a policy that is not in writing?


Asked on 3/12/07, 1:23 pm

1 Answer from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: Dress code

Your question is in fact very complex. I would need to know more about the organization and dress code to know if there is anything illegal about it, however I do have a suggestion. If you and at least one other co-worker go to the executive director either in writing or in person and complain about this "policy" and how it is being enforced in a subjective and perhaps uneven fashion you will gain protection from retailiation. When two or more employees join to complain about or discuss working conditions (dress codes are recognized as working conditions) they could gain protection under the Labor Laws. If you are fired, demoted or punished in anyway for engaging in concerted action, it could be an unfair labor practice. I suggest you seek the advice of an experienced labor and employment law attorney to give you full legal advice.

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Answered on 3/12/07, 3:53 pm


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