Formal Mondays don't call for a burlap sack.
Whether it’s wearing a specific necklace every day, being drawn to a particular color scheme, or having a signature hairstyle, it’s all about expressing one's own individuality.
While this is acceptable outside the workplace, many offices set guidelines or standards centered around what employees can and cannot wear. This is called a dress code policy.
Standardizing your legislative policies, dress code outlines, and other employee rules and regulations through HR compliance software maintains decorum amid every new departmental hire and eliminates discrepancies.
What is a dress code policy?
A dress code policy is a document, typically associated with the employee cultural handbook, that specifies what is appropriate for employees to wear to work. Dress codes will vary from company to company, especially in different industries.
For instance, some industries have a dress code already established, like the legal and medical industries. If a company has employees that often meet with clients or customers, they may ask that employees dress more professionally and neatly to make a good impression. Additionally, engineering or manufacturing industries may ask that employees wear protective clothing or safety gear.
Typically, what an organization sets within its dress code policy will align with its company culture. As an HR professional, as you create the policy, it’s important to keep in mind that it should align with employee goals and culture while also factoring in discrimination claims and laws associated with employee rights.
Types of dress code policies
There are four main types of dress code policies that a company can decide to implement.
- Business formal: The highest level of professional attire, which typically includes tailored suits and ties for men and a pantsuit or skirt paired with a dressy blouse for women. Employees within this dress code are expected to keep up a high standard of appearance.
- Business smart attire: One step down from business formal, this policy is still conservative and traditional. Men usually wear suits and ties with more fun patterns or colors, while women can also wear more fun colors, patterns, and jewelry with skirts, dresses, and suits.
- Business casual dress code: This policy still has a professional level, but men can wear button-ups with khakis or dressier pants. For women, this can mean skirts, slacks, or khakis paired with a jacket, sweater, or cardigan.
- Casual: The most lax option, but employees should still look presentable, neat, and appropriate for work. Men can wear casual pants or jeans with a polo or crew neck sweater. Women can also wear jeans along with more casual sweaters and shirts.
In addition, your company’s dress code may include instances where it’s acceptable to wear something different to work, like if it offers casual Fridays, casual summer attire, or even a spirit week where each day employees wear something completely outside the normal dress code policy -- like pajama day.
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Elements of a dress code policy
When writing a dress code policy for your company, there are certain elements it should include.
Start things off with a brief introduction to the document, explaining what the organization expects regarding how employees should present themselves and why it’s important. The policy should then specify that the policy applies to all employees, so there’s no confusion about who needs to follow this policy and who is exempt.
Once these details are in place, provide a section that outlines the general policy guidelines. This will include rules regarding what clothing is deemed appropriate and further information surrounding jewelry, hairstyles, tattoos, and hygiene. It can also include what attire isn’t acceptable, like clothing worn while working out or doing outdoor activities or clothing with rips, tears, or holes. Then, state what kind of disciplinary actions will follow if an employee wears clothing that falls outside the dress code policy.
Wrap up the policy stating that if employees have any issues or concerns regarding the dress code, seek out the human resource department.
Dress code policy example template
If you’re creating a dress code policy from the ground up, here’s an example of what it may say.
The [Company A] dress code policy should be used to help employees present themselves in a professional way to customers, clients, and colleagues. Our appearance reflects ourselves and Company A. The goal of this policy is to maintain a professional appearance while not offending individuals we may encounter.
The Company A dress code policy applies to [positions listed here].
Company A Dress Code Policy:
- Employees are expected to dress in [casual, business casual, business professional, or business formal] attire unless the day’s tasks and responsibilities require otherwise or they are told otherwise by a manager or supervisor.
- Employees must present themselves in a clean and professional manner. Clothing should be within the guidelines and be free of holes, tears, or rips.
- Inappropirate clothing with offensive language will result in a penalty.
- Clothing should not be too revealing.
Violations:
Managers and supervisors will inform employees in a timely manner should they violate the above dress code. Employees must immediately correct the issue, including leaving work to change clothing.
Employees who repeatedly violate the employee dress code policy may be subject to significant repercussions, including termination.
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Is having a dress code policy legal?
So, what are you allowed to include in your dress code policy? Every state has its own rules regarding employee rights and workplace discrimination. However, there are universal rules that every employer needs to follow regarding their dress code policy.
Legally, an employer can set guidelines for what employees can wear, as long as a dress code policy doesn’t impose heavier requirements on an employee because of their gender, race, religion, or cultural background. However, any dress code policy that violates an employee's rights under the Equal Employment Opportunity Act (EEOC) could fall under illegal activity.
The law surrounding workplace discrimination is changing every day. Don’t wait until something becomes illegal to address. It’s better to take a proactive and inclusive approach to your workplace policies.
How to keep discrimination out of your dress code policy
The key to identifying and ridding your dress code policy of discrimination is to understand how unconscious bias impacts recruiting, hiring, and retention. Simply put, unconscious biases are inherited or learned stereotypes about others that we form without realizing. Not confronting your own unconscious biases can affect other people.
So, how can we as HR professionals confront our unconscious biases and fix our dress code policy? It starts with three tips.
1. Keep your dress code policy gender-neutral
By law, your company is allowed to dictate different dress code policies for men and women, as long as your dress code does not place a heavier burden on any one gender. Setting the law aside, there are other important reasons to keep your dress template according to organizational rules and guidelines.
Discrimination based on gender and gender identity
You may have an employee who has a gender identity outside of male or female. Employees who identify as transgender, gender–nonconforming, nonbinary, or gender-fluid may feel targeted or burdened by dress code policies made based gender.
Plus, there’s a legal implication to ignoring the impact of your dress code on your employee’s gender identity. There are currently 21 states that prohibit discrimination based on gender identity.
If your dress code policy infringes on an employee’s right to express their gender identity freely, you could find yourself in hot water.
Discrimination based on religious practices
Your dress code policy may also be inadvertently using gendered language to discriminate against an employee’s religious beliefs. To keep in line with their religious practices, some women prefer to cover themselves by wearing pants, leggings under their skirts, hair coverings, and more.
A policy that enforces that women cannot wear pants or coverings for their hair could violate an employee’s religious beliefs. Alternatively, requiring female employees to wear makeup or heels could also conflict with how that employee is choosing to practice their faith.
Employers should ensure that their dress code policies are compliant with state and federal law and allow room for freedom of expression. Reducing the amount of gendered language in your dress code policy will help your employees provide a safe and respectful workplace.
2. Leave rules about grooming out of your dress code policy
Many dress code policies have a section covering grooming practices. These policies can range from how long an employee’s hair is allowed to be to what color they’re allowed to dye it. Many companies don’t realize these grooming policies can discriminate against women of color and religious minorities.
Discrimination against women of color
There have been countless stories in the news about black women being forced to alter or cut their natural hair due to outdated grooming policies at their place of work. These protective styles worn by black women are often necessary to maintain the health of their hair. It’s become such a problem that some states are passing laws against hair discrimination to combat the problem.
Requiring black women to pay for and maintain complicated hairstyles to alter their natural hair may fall under laws against placing a heavier burden on an employee based on something they cannot control.
Discrimination based on religion
Another reason you shouldn’t dictate grooming policies in your dress code policy is that it may discriminate against employees based on their religion. There are many faiths where followers are not allowed to cut their hair, or they may be required to cover their hair. This includes policies that dictate how men should keep their facial hair, or stating whether hair coverings or hats are allowed could unfairly target these individuals.
3. Keep people with disabilities in mind
A more significantly overlooked factor in creating a dress code policy is whether or not your policy offers reasonable accommodations for people with disabilities. Employees with disabilities, whether temporary or permanent, must be allowed to dress in a way that does not complicate or hinder them at work.
To provide a better understanding, here are a few examples of how an employee might need a more relaxed dress code policy to be comfortable at work.
What dress code accommodations might you need to make for disabled employees?
- A diabetic employee may need to wear pants to use their insulin pump effectively.
- An employee with a broken arm may need to wear a skirt for ease of use
- An employee who uses a wheelchair may require shoes that slide on instead of laced shoes
- An employee with eczema may be more comfortable wearing clothing that doesn’t irritate their skin condition
When creating your dress code policy, ask yourself this question: does my dress code policy offer reasonable accommodations for people with disabilities? If you’re not sure, the answer is probably no, and you need to revisit your dress code policy.
Remember, these dress code policies are not just for the comfort of your employees, they keep you compliant with state and federal law, as well as the American’s with Disabilities Act (ADA).
What's the key to a good dress code policy? Trust.
Trusting your employees to make intelligent decisions about what they wear to work is the key to building an inclusive and thriving work environment. It may be tempting to make rules about what your employees can wear or what hairstyles are and aren’t acceptable, but it’s best to stay on the safe side. Your employees are smart people, capable of making decisions about what is and isn’t appropriate for work. Trust them not to show up in anything that is considered to be inappropriate.
Kick your old dress code policy to the curb
If left unchecked, a discriminatory dress code policy can have an impact on your entire company. Employee engagement, legal trouble, recruitment, and employee retention could all suffer from an outdated and discriminatory dress code policy. Now is the time to examine every part of your corporate policy to ensure you're not unintentionally discriminating against people.
Dress code policy is just one facet of employee benefits. Learn how to woo your employee by absorbing them into a highly caring culture through benefits administration.
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Lauren Pope
Lauren Pope is a former content marketer at G2. You can find her work featured on CNBC, Yahoo! Finance, the G2 Learning Hub, and other sites. In her free time, Lauren enjoys watching true crime shows and singing karaoke. (she/her/hers)