Dress Codes In The Workplace?

In certain job categories, dress codes are commonplace. Do these dress codes apply to all employees, when do they apply and when do they not apply, and what if an employee has conflicting beliefs or disabilities and needs accommodation?

Typically, they do apply to all employees in certain job categories. Employers are allowed to require their employees to wear uniforms or follow certain strict dress codes.

However, if the dress code “conflicts” with an employee’s religious beliefs or practices and the employee asks for accommodation, then their employer must reasonably “modify the dress code or permit an exception to the dress code unless doing so would result in undue hardship.” (According to EEOC)

Additionally, the same is true for employees who have a disability and who request accommodation to their workplace dress code.

Title VII protects employees and job applicants in every aspect of religious practice and beliefs. Title VII also covers not just traditional religions, but religious beliefs that may not be common or subscribed to by many people. Title VII does not protect people who dress or groom in certain ways for fashion reasons, only religious reasons. According to EEOC, employers may ask for more information from an applicant or employee to reasonably determine if the religious beliefs for which they’re requesting accommodation for are “sincerely held.” 

While applicants and employees do not have to use certain language, such as saying the word, “accommodation”, when making requests for wearing certain dress due to their religious beliefs, they must indicate that their request is for religious reasons. Otherwise, if they do not indicate this, their employer does not have to consider accommodation and can therefore terminate an employee if they do not adhere to workplace dress codes.

Here are some common examples of religious garb and dress and grooming practices that employees and applicants may request accommodation for:

• Muslim hijab or a Sikh turban;
• Wearing religious symbols such as a cross;
• Not shaving or hair length observance;
• and, Not wearing certain garments such as pants or short skirts.

An employer may request that an employee cover up religious dress or religious items in the workplace, but if the employee’s religion does not permit them to cover up these items, it’s not a reasonable accommodation because it violates their religion.

In what situations can an employer deny accommodation to an employee or applicant?

Employers can deny accommodation in the event that it causes undue hardship on the business or it poses a safety, security or health risk. However, it’s uncommon, and often there are ways to reasonably accommodate employees religious beliefs while still avoiding this undue hardship.

To learn about prohibited employment practices, click here.