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When company dress code violations become discrimination

On Behalf of | Sep 11, 2024 | Workplace Discrimination |

Many industries and businesses have dress codes. These codes may be for reasons such as professionalism, branding or safety.

The dress code should apply to all employees. If it doesn’t, it could be a form of discrimination.

When enforcement becomes random

We typically learn about the company’s dress code during interviews or onboarding. We understand that abiding by the dress code is essential to our employment. However, dress codes can be subject to interpretation. While some guidelines are straightforward, such as wearing a uniform, others can be more subjective. Terms like “business casual” or “professional attire” leave room for personal judgment. Both the employer and employee can be influenced by unconscious bias. This can lead to scenarios where employees who don’t fit the traditional mold are reprimanded more harshly.

Employees who are overweight, identify as a different gender or are of a different ethnicity are targeted for violating a dress code. At the same time, a slimmer, cis, white colleague receives no such feedback. Or, a company may reprimand a Black employee for wearing their natural hair styled in a way that reflects their natural heritage, while Caucasian colleagues with similar hairstyles face no consequences.

Discriminatory dress code enforcement has a negative impact on workplace culture. Those who feel targeted may experience increased stress, reduced job satisfaction and even consider leaving the company.

It is the employer’s duty to create equitable dress code policies that recognize diversity and inclusion. Rather than vague terms like “professional,” the company needs to provide specific examples of acceptable attire. It’s also crucial to get feedback from the employees.

If you feel you are being unfairly targeted for dress code violations, you should keep a detailed record of every time you were reprimanded. It’s also important to clearly understand the company’s dress code policy. This can help determine if the enforcement is indeed inconsistent or biased. Discuss your concerns with your HR department. However, if the issue isn’t resolved, you may need to seek assistance elsewhere. They can review your documentation and guide you through filing a discrimination lawsuit.

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