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Are dress codes a type of discrimination?

Employees sometimes believe that dress codes are too restrictive. They want more freedom of expression and the ability to wear whatever they choose at work. Being required to wear a uniform or even adhere to a business casual dress code may feel like a violation of that freedom.

But does that mean a dress code is discriminatory? Fundamentally, it does not. Dress codes can be implemented without being a form of discrimination. However, it depends on how they are enforced and whether they apply fairly to all employees.

It has to affect everyone equally

The main issue arises when a dress code affects some workers but not others. If there is an unequal impact, certain employees may be able to claim discrimination.

For example, suppose an employer allows female workers to wear whatever they want but requires male workers to wear a specific uniform. This could be an example of gender-based discrimination, potentially making the dress code illegal. A dress code must apply equally to all employees.

Another example involves religious attire, such as special headwear. If a dress code states that no headwear is allowed, it may appear to apply equally to all employees. However, employees who do not follow certain religions likely would not have worn religious headwear in the first place. In this case, the rule disproportionately impacts followers of the religion that requires the use of headwear, raising the question of religious discrimination.

Legal options

These examples illustrate why dress codes can sometimes be problematic. Workers who believe they have been discriminated against should explore their legal options to determine the best course of action.

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