05/ 30/ 2007
by Beth Gaudio, NFIB Legal Foundation
Enhance your company's image without inviting a lawsuit
Picture this: It's your new receptionist's first day on the job. She dressed very professionally at her interview, but today she's wearing a tank top and a miniskirt. Not exactly the professional image you want greeting your clients, to say nothing of the distraction it will cause other employees. But other than applying to get your employee on one of those reality TV fashion makeover shows, is there anything you can do to improve both her image and your company's? The answer is yes--establish a dress code. While creating a dress code for the workplace can be tricky, the benefits of a consistently enforced policy outweigh the downsides.
The case for dress codes
Why implement a dress code? To start, a dress code can help you avoid the problem of an unexpected tank top and miniskirt. In fact, according to the Society for Human Resource Management, the majority of people who work in an office environment must adhere to some form of dress code.
You should also consider the effects a dress code can have on employees. Even if none of your employees interacts with anyone outside of the company, your business could find value in increased professionalism among colleagues who are dressed to impress. T-shirts, tank tops and sandals may be more comfortable, but wearing business attire might boost employees' business attitudes and improve the quality of work produced in your office.
Defining appropriate attire
What should your employees wear? It should come as no surprise that a recent Yahoo HotJobs poll showed that 82 percent of workplaces are casual. “Companies are embracing the theory that comfort increases productivity,” says Susan Vobejda, Yahoo HotJob's career expert and vice president of marketing. Dress may consist of casual or formal business attire, but above all, employees should be neat.
Keep in mind that different policies may be necessary for different types of employees. Realistically, no one should expect a receptionist to be dressed in the same attire as the maintenance staff. A broad-reaching policy that covers both types of employees may be most appropriate, such as:
- Personal appearance and hygiene are a reflection of the company's character, so employees are expected to dress appropriately for their individual work responsibilities and positions.
- Some employers find more specificity is necessary, as general descriptions like “business attire” or “appropriate attire” have become increasingly ambiguous. Such descriptions could conceivably include anything from sweaters and khakis to Hawaiian shirts and sandals. If you're concerned about employees' creative interpretations of appropriate attire, your dress code could ban specific items such as:
- Tank tops or muscle shirts
- Clothing with foul language or obscene images
- Worn or torn clothing
- Sweatpants or sweat suits
- Baseball caps
Legal landmines
Maybe you're wondering: Don't dress codes violate anti-discrimination laws? This is a good question, since a poorly written dress code could place you on the receiving end of a lawsuit. Any policy that disproportionately affects a particular gender or race, or requires an employee to violate religious beliefs, could violate anti-discrimination laws. For instance:
- Requiring women to wear skirts or banning ponytails or earrings for men but allowing women to have them could be viewed as gender discrimination.
- Banning certain facial hair or headwear could violate some religious beliefs.
- A ban on facial hair might be discriminatory toward males who cannot shave due to extremely sensitive skin.
NFIB.com
For more tips on dress code policies, human resource guidelines and other legal issues integral to your business, visit NFIB.com/legal.
