Tattoos, Sandals, Yarmulkes, Dress And Appearance: Increasing Legal Challenges For Employees And Employers

From the length of one’s hair, to the number and location of visible tattoos, to recognizing gender non-conformity style, to creating a summer dress code, employers are facing an increased need to determine their organization’s culture and policies, as well as following federal and state laws. How does an organization balance employees’ rights to express themselves with the organization’s rights to determine its legitimate business needs while maintaining an inclusive work environment? The pitfalls for employers are many. More businesses are likely to face these issues especially now that research is confirming these types of biases exist broadly across U. S. workplaces. The potential for organizational errors are plentiful. Organizations expect employees to use sound judgment in their dress and grooming, however, what if the employee’s sense of dress and grooming varies from the organizations? After all, types of self-expression have become more commonplace with society demonstrating more acceptances in people’s choices of self-expression—shouldn’t the workplace reflect this change in social rules too?

• To discuss legal issues surrounding Dress and Appearance in the workplace
• To list specific elements of a Dress and Appearance policy
• To explore the role of unconscious bias and stereotypes play in discrimination through dress codes
• To identify prevention tactics to ensure employees are judged by their performance and not on stereotypes
• To review the EEOC’s Guidelines on dress at work

• Body art
• International dress
• National Labor Review Board’s take on dress
• What should be considered in writing your dress code.
• Religious dress
• Sex stereotyping dress
• Tattoos
• Political dress

Dress codes are receiving a fair amount of attention in the courts these days. There have been a number of precedent setting lawsuits dealing with dress codes’ requirements and how those requirements, even inadvertently, discriminate against potential and current employees based on their gender, religion, and race, to name a few. It is critical that human resources professionals and managers understand the importance of a discriminatory free dress code to ensure all job candidates and employees ae treated fairly and equitably.

• Human Resources generalists
• managers
• directors

Dr. Susan Strauss is a national and international speaker, trainer and consultant. Her specialty areas include management/leadership development, organization development, communication, and harassment and bullying. She is an expert witness for discrimination and harassment lawsuits. She trains and consults with business, education, healthcare, law, and government organizations from both the public and private sector. Dr. Strauss has authored over 30 book chapters, books, and articles in professional journals. She has been featured on 20/20, CBS Evening News, and other television and radio programs as well as interviewed for newspaper and journal articles. She has her doctorate in organizational leadership, is a registered nurse with a bachelor’s degree in psychology and human services, a master’s degree in community health, and professional certificate in training and development.