How Well-Constructed Dress Codes Can Promote Civility

Dress codes likely don’t immediately come to mind when considering what makes a civil workplace, but they do play a role in promoting a positive, mutually respectful culture. They must, however, adhere to the law. The construction of dress policies can either promote respectful interactions and a professional atmosphere or lead to discord and violate employees’ legal rights. Here’s an overview of the relationship between dress codes and civility.

Establishing Professional Standards

Dress codes are often cited by workplace experts “as a good way of giving employees a sense of belonging, as they can generate a positive sense of community and togetherness,” said Freddie Eastwell, an attorney with Bird & Bird in London.

Richard Greenberg, an attorney with Jackson Lewis in New York City, added that “employers may enforce dress code policies that are job-related and applied equally, regardless of any protected characteristics. However, enforcing these policies can sometimes present challenges because they may involve subjective determinations.”

Although a well-structured dress code can minimize distractions related to personal attire, thereby allowing employees to more easily focus on their work, employers should be aware that different generations may have different impressions of what constitutes appropriate clothing. For example, members of Gen Z may prefer more casual dress in the workplace, said Sahara Pynes, an attorney with Fox Rothschild in Los Angeles. “There’s no going back to [the dress code in effect during] my days at a white-shoe New York City law firm” in the late 1990s, she said.

However, employers are within their legal rights to maintain policies that prohibit unprotected statements in the workplace and should apply those policies consistently, Greenberg noted. This approach will help manage most appearance issues, he said.

Dress Codes and Discrimination

Nonetheless, poorly designed dress codes might inadvertently target specific groups based on religion, gender, or race, potentially leading to discrimination. For example, some employers prohibit head coverings, jewelry, and other accessories, noted Jonathan Segal, an attorney with Duane Morris in Philadelphia. “Such prohibitions may conflict with religious observances,” he said. For example, a prohibition on head coverings may create issues for some Jewish men, Hindu men, and Muslim women.

“To the extent an employer has prohibitions on head coverings or other accessories, the employer may wish to make clear it will make reasonable accommodations for religious beliefs, practices, or observances so long as such reasonable accommodations do not impose an undue hardship on the employer,” Segal said. “Sound a bit legalistic to include ‘undue hardship’ language? You bet.” But if the employer doesn’t include it, the business may lose the undue-hardship defense, he cautioned.

Segal noted that there may be safety reasons why head coverings, jewelry, or other accessories lawfully may be prohibited or restricted. These safety considerations, such as the risk of coverings getting caught in machinery, lawfully may be considered, he said.

Employers have more leeway requiring a type of workplace attire for the purpose of professionalism, Segal added. “For this reason, employers may wish to prohibit clothing that is inappropriately sexually suggestive or revealing.”

Permitting employees to wear clothing that is overly provocative or controversial can create legal issues if it contributes to a hostile work environment or leads to claims of harassment or discrimination, said Rudi Turner, an attorney with Thompson Hine in Atlanta.

This is also true of attire exhibiting political content. “Clothing that displays controversial political symbols, such as the swastika or Confederate flag, can also contribute to a hostile work environment,” said Jimmy Robinson Jr., an attorney with Ogletree Deakins in Richmond, Va.

Employers can legally enforce dress codes that prohibit all nonwork-related attire and accessories, including political attire and pins, as long as these policies are applied consistently. However, under the National Labor Relations Act, employees generally have the right to wear union-related insignia, unless there are special circumstances such as safety concerns.

When not thoughtfully constructed, however, dress codes can lead to discriminatory practices that disproportionately affect individuals based on race. For example, race-based hair discrimination in dress codes—such as not permitting braids or dreadlocks—could violate state or local laws.

Striking the Right Balance

To effectively promote civility through dress codes, organizations should adopt a balanced approach that promotes inclusion. One way to do that is by establishing clear, fair, and reasonable guidelines that reflect employees’ diverse backgrounds. Additionally, encouraging open communication can help ensure that dress codes resonate with all participants, fostering a collective sense of respect and integrity.

The intricate relationship between dress codes and civility necessitates a comprehensive understanding of how policies can either cultivate a culture of respect or contribute to discord. Regular evaluations of these policies are crucial to ensure their relevance and effectiveness in enhancing civility.

Related Resource: 2024 SHRM Civility Index