Is it Legal to Have a Grooming Policy or Dress Code at Work?
Jun 17, 2021 | Written by: | Share
Dress codes and grooming policies are legal and can be enforced in the workplace in New Jersey. Equal application, however, is the key. Dress codes must apply equally to everyone. If they do not, they can appear discriminatory. For example, it could be viewed as gender discrimination if men are allowed to wear the clothing of their choice, but women are told that they must follow a specific dress code. Likewise, workers of one ethnicity cannot be told that they must follow a specific dress code while workers of another ethnicity are allowed to dress as they wish. This could constitute racial discrimination.
In contrast, a grooming policy or dress code policy that discriminates against a protected class of employees is illegal. This is true whether the policy discriminates explicitly or simply has a disparate impact on one group. For example, a shaving policy requiring employees to be clean-shaven might discriminate against employees whose religious beliefs require them to have beards. Likewise, a policy requiring men to have short hair might discriminate against employees whose religious beliefs prohibit the cutting of hair. In addition, an employer that mandates that its employees cannot have any visible tattoos or piercings might be discriminate towards an employee whose tattoos or piercings must be displayed for religious purposes. Further, policies that are difficult for employees with certain disabilities to follow may be deemed discriminate if the employee is not provided with a reasonable accommodation.
An employee who complains about a dress code or grooming policy likely will not have grounds for a lawsuit as long as the dress code or grooming policy: 1) is applied to all employees, 2) clearly reflects a need in the workplace, and 3) permits proper exceptions for things such as disabilities or religious conflicts. If an employee feels that his or her employer's policies discriminate, the employee should talk to the employer and explain his or her concerns. If the employer refuses to accommodate the employee’s concerns, the employee should talk to an experienced employment lawyer who can assess the employer's policy and determine whether it violates the law.
Sharon M. Flynn, Esq. is an associate with Gebhardt & Kiefer, PC, and practices primarily in the areas of general litigation, employment law, and insurance defense.
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Any statements made herein are solely for informational purposes only and should not be relied upon or construed as legal advice.