Can dress codes be different for male and female employees?
Most of the legal problems relating to dress codes have centered on the issue of gender bias—but this does not mean that the code must be the same for both genders. Courts have concluded that employers may enforce dress codes even if they are different for men and women, as long as the standards for each gender are reasonable for the business environment at issue. For example, a corporate employer could mandate that men may not wear skirts and must wear ties. However, the Equal Employment Opportunity Commission (EEOC) and the courts continue to face claims of gender discrimination because of company policies on beards, long hair, short skirts, pants, and other matters of apparel and grooming that affect men and women differently. Men have complained that necktie rules discriminate against them, for example; women have complained that rules requiring them to wear skirts or dresses are discriminatory. Generally, courts take the position that since dress codes do not involve “immutable ch
