If your boss tells you that there is going to be a dress code, you may feel like they are treating you unfairly. You believe that you should have the freedom to wear whatever you want to work. It does not affect your performance, so the institution of the dress code feels problematic.
However, from a legal perspective, dress codes are allowed. They are not inherently a violation of an employee’s rights. But they can be, which is why it is important to consider whether or not the dress code is discriminatory.
Does it affect everyone equally?
The question to ask is simply if everyone is impacted in the same way by the dress code. If not, then it could be an example of discrimination.
For instance, perhaps the dress code focuses on prohibiting a specific type of religious attire. This could be religious discrimination, even though all employees are technically bound by the same dress code. Only employees who follow that religion would actually have to change the way they dress, and the rule itself has clearly been instituted because of the religion.
Another example is if the dress code explicitly only applies to a certain group of employees. Maybe female employees are told they can still dress however they want, but male employees are all given a very specific and restrictive dress code. This could be an example of gender discrimination.
As you can imagine, these issues can be nuanced and complex. Employees may believe their rights have been violated, while employers may counter that the dress code is legal and necessary. If you believe you are facing discrimination on the job, take the time to carefully look into your legal options.
