When Do Workplace Dress Codes Become Discriminatory?

California workplaces are generally allowed to enforce dress codes, and workers could lose their jobs for not following them. But what if workplace dress codes are discriminatory? 

Discriminatory dress codes may be unlawful under state and federal employment laws. If you think your dress code may fall under this umbrella, consult an employment discrimination attorney in California to discuss your options. 

The Legality of Dress Codes Under California Law 

You may wonder whether enforcing dress codes is inherently legal in California. Can your employer dictate what you wear? 

Generally, they can. But dress codes typically must meet a few standards to be enforceable:

• They must generally be applied consistently to all employees of the same role or job position. 
• They cannot discriminate based on race, gender identity, or any other protected characteristics. 
• They cannot place a greater or unfair burden on one gender. 
• They must accommodate employees’ religious beliefs. 
• If the dress code requires workers to wear clothing of distinctive design or color, it may be considered a “uniform,” which means the employer would be required to provide and pay for the apparel.

When Is a Dress Code Considered Discriminatory? 

Workplace discrimination is illegal under state and federal law. California employment discrimination laws list over a dozen protected characteristics that employers cannot legally use as a basis for discrimination. This means employers cannot treat you unfairly because you belong to one of these protected classes. 

Dress codes may be considered a form of employment discrimination if they place unfair burdens on workers with certain protected characteristics. Below are examples of different types of discrimination to watch out for in dress codes. 

Dress Codes That Exhibit Gender Discrimination

Many workers do not initially realize that their companies’ dress codes are discriminatory against a specific gender. Historically, women have often been held to stricter standards for work attire than men. A dress code may exhibit gender discrimination if:

• It requires women to style their hair a certain way but does not place the same burden on men.
• It requires women to wear skirts, while men are allowed to wear more comfortable or practical clothing.
• It requires men to have short hair, while women have no such restrictions on hair length.

A dress code can also be considered discriminatory if it prohibits certain forms of gender expression. For example, a dress code should not require workers of a certain biological sex to adhere to distinct standards. Enacting strict “men’s” and “women’s” dress codes could also be discriminatory, as it fails to accommodate non-binary employees. 

Dress Codes That Discriminate Against a Specific Religion 

A workplace dress code might also be discriminatory toward a specific religion. For example, some workplaces prohibit employees from wearing hats, but they should make exceptions for workers who wear hijabs, yarmulkes, or other religious headcoverings. Workplaces with strict policies against facial hair should also make accommodations for Muslim, Sikh, and Rastafarian men who maintain facial hair as part of their religious beliefs. 

Title VII of the Civil Rights Act of 1964 requires employers to make reasonable accommodations for sincerely held religious beliefs unless doing so would cause “undue hardship.” This may include making adjustments to the dress code for religious purposes. 

Dress Codes That Exhibit Racial Discrimination

Employers also must take care to ensure that dress codes do not discriminate against workers of a certain race. Many workplace dress codes enforce Eurocentric beauty standards that are not relevant to workers of all races. They might also use subjectively vague rules, such as “no sagging” or “distracting,” as a pretext to penalize workers of color.  

The CROWN (Creating a Respectful and Open Workplace for Natural Hair) Act makes race-based hair discrimination illegal in California workplaces and public schools. This legislative framework expands the definition of race to protect hair textures and protective styles historically associated with race, such as braids, twists, locs, and afros. 

What You Can Do if You Are Facing a Discriminatory Dress Code

If your company’s dress code holds one group to a different standard than others, it may be discriminatory. You can take a few steps to bring this to your employer’s attention and seek a revision. 

• Document the discriminatory treatment. Start by taking screenshots or making copies of your workplace’s dress code and highlighting the discriminatory section of the policy. Take some notes about why this specific policy holds your group to a different standard than others and how this violates California law. 
• Report the discriminatory policy to your HR department. Consider reporting the discriminatory dress code internally. Sometimes, this is enough to achieve a revision that is fair for everyone, or an accommodation for employees in the class that was discriminated against. 
• File a formal complaint. If internal attempts to resolve the dispute are unsuccessful, you can escalate the issue by filing a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). These agencies may choose to investigate the matter or issue you a “Right to Sue” notice. 
• Consider hiring legal counsel. An employment discrimination attorney can explain your legal rights and options and help you determine your next steps. 

If your employer does not revise the discriminatory dress code, you may have the right to pursue legal action. If your employer took a negative action against you because you reported discrimination, such as terminating you or moving you to a less desirable position, this may constitute workplace retaliation and may also give rise to legal claims. 

Speak With a California Employment Law Firm Today 

Dress codes are just one of the many areas in which workplace discrimination may arise. Whether or not your employer created the dress code with the intent to discriminate, they have an obligation to make accommodations for workers the code unfairly impacts.

If you are facing a dispute over a discriminatory dress code, our attorneys at D.Law can provide legal support and representation. Contact us today at 818-275-5799 to request a free consultation and learn more about how we can assist you.