Workplace dress codes and grooming policies are a common part of employment, but they can also create legal challenges. Employers want professional-looking employees, while workers want to express themselves and avoid unnecessary restrictions. So, where’s the legal line? Let’s break down the do’s and don’ts of workplace appearance policies.
Can Employers Legally Enforce Dress Codes?
Yes, employers generally have the right to enforce dress codes and grooming policies, as long as they are job-related and applied fairly. The key legal considerations include:
- Anti-Discrimination Laws: Policies cannot discriminate based on race, sex, religion, disability, or other protected categories under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e‑2).
- Disability Accommodations: Employers must provide reasonable accommodations for employees with disabilities under the Americans with Disabilities Act (ADA) (42 U.S.C. § 12112(b)(5)).
- Religious Accommodations: Employees must be allowed to wear religious attire (such as hijabs or yarmulkes) unless the employer can show an undue hardship (EEOC v. Abercrombie & Fitch Stores, Inc., 575 U.S. 768 (2015)).
- Gender and Hair Discrimination: Some courts and states have ruled that policies restricting natural hairstyles (such as afros, braids, and dreadlocks) can be racially discriminatory (CROWN Act laws are gaining momentum nationwide, though not yet in West Virginia).
Dress Codes and Gender-Based Rules
Historically, some dress codes have treated male and female employees differently—such as requiring women to wear makeup or skirts while men wear suits. While some gender distinctions may still be allowed, they cannot impose a greater burden on one gender than another (Jespersen v. Harrah’s Operating Co., 444 F.3d 1104 (9th Cir. 2006)). Employers should draft gender-neutral policies that focus on professionalism rather than outdated stereotypes.
Tattoos, Piercings, and Personal Expression
Employers can restrict tattoos and piercings in most workplaces, but they must apply these rules consistently. If a policy bans tattoos, it must apply to all employees—not just certain groups. However, an employer may need to accommodate religious or cultural tattoos if an employee requests an exemption.
What About West Virginia?
West Virginia follows federal anti-discrimination laws but does not have specific dress code legislation. However, employees may have claims under the West Virginia Human Rights Act (W. Va. Code § 5–11‑9) if a policy disproportionately affects a protected class.
CROWN Act Laws
CROWN Act laws, or laws modeled after the Creating a Respectful and Open World for Natural Hair (CROWN) Act, are a set of state and local statutes aimed at prohibiting hair discrimination. These laws prevent employers, schools, and other institutions from discriminating against individuals based on hairstyles commonly associated with a particular racial, cultural, or ethnic group.
The original CROWN Act was first passed in California in 2019. It specifically outlawed discrimination against styles such as afros, braids, twists, locks (also known as dreadlocks), and other natural or protective hairstyles often worn by Black individuals. Since then, many other states and municipalities have adopted similar measures.
In essence, CROWN Act laws seek to ensure that people are not penalized, denied opportunities, or treated unfairly simply because of the natural or protective ways they wear their hair.
West Virginia has not adopted any such law.
Best Practices for Employers
To avoid legal trouble, employers should:
- Make dress codes job-related and neutral (e.g., requiring safety gear rather than specific hairstyles).
- Apply rules consistently to avoid discrimination claims.
- Consider reasonable accommodations for religious or medical reasons.
- Clearly communicate policies in employee handbooks and training sessions.
What Employees Should Do
If an employee believes a dress code is discriminatory, they should:
- Ask for an accommodation if it relates to religion or disability.
- Document inconsistencies in how the policy is enforced.
- File a complaint internally or with the EEOC if necessary.
Conclusion
Workplace dress codes and grooming policies must balance employer interests with employee rights. While businesses can set appearance standards, they must ensure compliance with anti-discrimination laws and provide accommodations when required. Clear, fair policies help everyone avoid legal disputes and maintain a professional work environment.
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