A recent question about professional dress from a client got me thinking—what goes for the workplace dress code these days?
The New Normal: Company Casual
The workplace has definitely loosened up in recent years, with the pandemic fast-tracking the path to more relaxed workplace rules and norms. We’ve all seen it: pets, kids, and a lot of comfy “athleisure” making cameo appearances in Zoom calls. With so many companies trying to lure employees back to the office, flexible dress codes have become part of the deal.
So, What’s the Dress Code at Your Company?
Now’s the perfect time to rethink your company’s appearance standards. The goal? Finding that sweet spot between letting your team stay comfortable and keeping the professional edge that fits your company culture and industry. Every workplace has its own style, but here are some questions to help you strike the right balance:
☐ Will a general policy simply requiring employees to look professional and well-groomed suffice? Or do you want to be more specific?
☐ Will you require customer-facing employees to dress more professionally or formally than those who only interact with co-workers — whether in person or on camera?
☐ Will you create a separate policy for Zoom meetings that may be more relaxed than your in-person appearance policy?
☐ Do you want to be more specific about what attire is unacceptable in the office or on Zoom? For example, are jeans and a t-shirt allowed? What about baseball caps, sleeveless shirts, or hooded sweatshirts?
*Make sure to review any such policies to comply with the workplace laws discussed below.
Does your policy align with the latest guidance from the National Labor Relations Board (NLRB)?
Be sure to consistently enforce any rules prohibiting employees from wearing clothing with logos, political statements, or social justice messages.
Are there any safety concerns that should be reflected in your dress code? You may want to relax your appearance policy, but you should still consider whether to continue following some rules for safety reasons — either as a best practice or because it’s required by law.
For example, will you require certain workers to wear closed-toe shoes? Are there Occupational Safety and Health Administration (OSHA) rules that you need to follow for certain jobs? If so, you’ll want to ensure compliance.
Hairstyle Equity. In addition to pandemic-related changes over the last few years, calls for social justice led many jurisdictions to pass laws combating workplace racial bias based on hairstyle. In fact, 19 states and many localities have passed a version of the CROWN Act, which prohibits employers from discriminating against employees and job applicants based on natural or protective hairstyles. Natural hair has not been treated with chemicals that alter color or texture — such as bleach or straightener. Protective hairstyles — such as braids, locs, twists, or bantu knots — tuck the ends of the hair away to protect from sun, heat, and other damage.
In light of laws banning hairstyle bias and to align with your efforts to be inclusive, you’ll want to consider the following about your appearance policy:
- Is the policy fairly and equitably applied to hairstyles regardless of race and ethnicity?
- Are your policies culturally and ethnically inclusive?
- Do you require employees to appear professional and well-groomed without creating hairstyle standards that unfairly restrict natural or protective hairstyles?
- Are your standards based on a bona fide occupational qualification (BFOQ) that is reasonably necessary to the normal operation of your business or enterprise? For example, certain employees who work with food may have to wear hair or beard coverings or tie their hair back for safety and hygiene reasons.
Reasonable accommodations and other legal considerations. Don’t forget to review your standards for compliance with other established workplace laws. Consider the following questions:
- Do you have a process in place to review accommodation requests? You may need to explore reasonable accommodations based on an employee’s religious practice or medical condition.
- For example, does your policy ban hats and other head coverings? If so, you may need to accommodate a Muslim employee who wears a hijab.
- Do you have a policy banning facial hair? If so, you may need to accommodate an employee with a skin condition.
- Is your appearance policy gender-neutral? Without identifying a BFOQ, you shouldn’t create policies that cause greater burdens for employees of one gender than another.
- Have you considered all applicable state and local laws that may specifically address gender identity and workplace policies?
- Did you have an expert review your policies? Because so many evolving areas of law may impact your employee appearance policy and dress code, it’s a good idea to have an experienced advisor review your standards for compliance before communicating any updates to your employees. (Luckily, you know one!)
As you consider how to attract and retain workers it might mean that it’s time to review your employee appearance standards and dress code to ensure they are fair and inclusive, as well as compliant with the latest legal developments. Keep in mind that like most other things - consistency is key.