Greetings, List!


Formulating a dress code has more to do with  forethought, legal savvy, and
compassion, than style and taste.

Forethought. Before even making a list of what employees can or cannot cover
and adorn their bodies with, have the dress code committee answer the
following questions:
1.  Which staff will be affected by this code? Is there any taint of
"privilege" or "class"  in the groups affected/not affected?
2.  Will the code apply every day, or are there exceptions? Are there
seasonal exceptions? Who gets to declare a day of exception? (For example,
if the temperatures are over 103, can we forgo the suit jacket?)
3.  What is the goal of having a dress code? Aesthetics? Safety? Security?
Packaging? ( Packaging = Brand recognition,  a uniform, or unique style that
is recognizable as a member of your organization. This may  assist  visitors
in identifying staff members.)
4.  What will be the ramifications of failure to conform? Do they closely
resemble any other infringement of policy and procedure?
5.  Which job titles will have authority/responsibility to a) decide that an
ensemble is against policy b) make the individual aware of the
transgression, b) take disciplinary action.  One certainly wants to avoid
making all employees Fashion Police; it breeds ill will.
6. Is it reasonable to assume that an employee can maintain the wardrobe
requirements given the salary offered? In some companies, a "hiring bonus"
gift certificate to a clothiers has overcome this issue, administered on an
as needed basis.

Legal Savvy. If you have been able to answer all of these questions without
yet specifying particular clothing items, you are on the right track. Now
move on to the legal issues.
1.  Can a one-to-one correlation be made between dress code and job
description?  In other words, are you certain there is a job-based need for
the attire required or prohibited? It is clear why all food service
employees must wear hair covering, but it may be less clear that there is a
job based requirement to keep earrings to less than three per ear, and less
than ¼ pound in total weight per ear. <;-) You are in almost all cases
permitted to require a "professional" attire, but the specifics of that can
be subject of hot debate. If you specify "no open toe shoes", be prepared to
justify that in terms of hazardous chemicals, propensity for objects to be
dropped or fall, etc.
2.  Does your state have employment law affecting dress codes? Find out by
calling your reference librarian, visiting your local law library (usually
has excellent reference librarian willing to locate the area of law for
you…although prohibited from advising you).  In California, it is
permissible to require employees to furnish their own transportation to and
from work, and proper attire. Failure to do so is incontrovertible grounds
for dismissal. However, these conditions of employment must be clearly
conveyed during the interview.  A change in policy after hiring requires
written notification.
3.  Can the dress code be stated free from gender specific requirements? In
many states it is not permissible to require a different attire for men than
women. Yes, this is tough, when western culture says that a man in a jacket
and tie, and a woman in heels, slip and nylons is more "professionally"
attired than a man or woman in shorts and a tee shirt.  If you cannot
interchange the personal pronoun in the sentence defining the requirement,
think twice!
 A famous case in point is that of a company with headquarters in Dallas,
Texas. From the late ‘60s to present , they have maintained a dress code
that requires "appropriate business attire" of all employees. The company
has over 800k employees, which means they are setting  standards for a
population larger than 14% of the US States can claim! Three years ago they
were required to change their policy as applies to employees in California.
They could no longer require women to wear a skirt as part of the
traditional blue or dark grey suit. Suits comprised of a jacket and slacks
would be allowed women, as well as men.
4.  Does the dress code provide for ethnic and religious diversity? If you
were trying to prohibit the wearing of ball caps, so stated that no head
coverings will be worn, what happens to your Seik or Mohammedan who must
keep his/her head covered else be an embarrassment before god? If no facial
tattoos are permitted, how do you accommodate someone with a bhindi?

Compassion.  A few years ago I was party to a heated debate about the
"hire-ability" of a technically competent male candidate who attended the
interview with a single, tiny earring. We all agreed that this fellow’s
skills  would be a great addition to the staff. However, some folks in the
discussion said the earring "made them nervous".  The conversation went on
far too long, so I interjected, "Y’know, there aren’t many folks who would
argue about the contributions Shakespeare made to our culture…and the most
common "portrait" we have of him depicts not one, but TWO dangly, prominent
earrings."
I look back, and , when presented by applicants with more metal in their
faces than the Franklin Mint, and more ink in their skin than the Guttenburg
Bible, I think longingly of that single, discreet earring. Its all relative,
folks.  Many of us believe that our very jobs are the preservation of
diverse cultural expressions.  Does one have to be dead and/or  distant to
be valued for one’s diversity?  On the other hand, we might take a lesson
from McDonald’s (the hamburger joint) and recognize that there is a certain
comfort and palatable-ness to the expected, the plain, and the common.

Would someone give me a hand down off this soap box, here? Below please find
a dress code I had to enforce for 4 years.  It flew in California, and I
only lost one viable, competent employee to its requirements.  As it was
always a subject during interviews, I cannot guess at the numbers of folks
who did not pursuit employment with us based on the appearance policy.  I
guess one could call it "successful", eh?

This policy is the standard   for a company doing business in every state
and internationally. Please keep in mind that it is for illustration of a
successfully upheld policy, and therefor for educational purposes, not to be
copied in whole, or used as is. I have not reproduced it in its entirety,
condensing in some places.

Company Appearance Policy
"Our personal standards and ethics must, at all times, be above reproach,
and we must conduct ourselves in a manner to reflect credit upon COMPANY.
The image we present to our customers, co-workers, and the public strongly
influence the success of the firm.  COMPANY will maintain the highest
standards of professional business dress and appearance. Daily business
attire for men and women will be coordinated around tailored suits.

At customer work sites, COMPANY leaders may adjust the standard to more
closely conform to the customer work environment or their standards, keeping
in mind the overall intent and spirit of the policy.

COMPANY leaders may adjust the  standard in some cases, keeping in mind the
overall intent and spirit of the policy. With leadership concurrence, hear
are some considerations for adjustments:
· Customer dress standards, and customer  work environment
· geographic and cultural standards
· climatic conditions
· other work environment conditions, such as : heavy lifting, working with
heavy equipment, etc
· non marketing centers.

Facilities that are shared by multiple business units must decide on a
consistent appearance guideline. In all cases, appearance standards must
keep in mind COMPANY’s goal of always presenting a highly professional
appearance in the workplace.

Fashion and clothing are continually evolving, such that this policy will be
regularly reviewed and evaluated. It is important that each employee use
good judgement in making appearance selections. The following are some
additional guidelines to aid leadership and employees.
Additional guidelines:
Tailored Suites:  Tailored suits can be further clarified as
 jackets and skirt or trousers cut of identical fabric
jackets and skirt or trousers having design features to tie the separate
pieces together, such as coordinated trim on lapels or pockets, fabric
insets , edging or borders.
 The items were sold as a unit or part of a collection
it is coordinated in fabric and color
Colors of Professional Nature.  An exhaustive list could not  be maintained
here, however, care must be taken in selecting acceptable colors and
patterns such that they are professional. For example, dark blue, grey,
charcoal, or plum color is acceptable, neon green is not.  Conservative
patterns are acceptable, a loud print is not.
Facial hair: neatly trimmed facial hair is allowed.
Off Hours: appropriate casual attire may be worn in the COMPANY offices
during off hours and on weekends. At many locations, business is conducted
at off hours, periodically. When this occurs, again, keep in mind the
overall intent and spirit of the policy.  Judgement should be used in
determining appropriate casual attire; cutoffs, tank tops, and other such
attire are inappropriate at any time.
Cafeteria: except for uniformed employees, jackets are required in the
COMPANY dining facilities.
Casual: Generally speaking, casual dress days, dress down days, and the
like, are not in keeping with the overall intent and spirit of the policy.
Inappropriate business attire:   Cotton twill pants, denim, stirrup pants,
Capri pants, shorts, halter tops, sun dresses, provocative or revealing
attire, and spandex, are not appropriate.
Non matching blazers and trousers are not acceptable.
Tunic type top and trousers are not acceptable.
Tailored jackets with palazzo pants or skorts are not acceptable.

If an employee is not certain that an ensemble is appropriate or
professional as specified by these guidelines, then it might be suggested
that another selection would be advisable."

Good luck in defining a legal, enforceable, and appropriate appearance
policy!  I will happily act as "sounding board" off list for folks crafting
new ones. If I can survive 18 years of employment law in California, I have
probably heard 'em all.....

Regards -

Beth Macdonald
Big Head Interactive
415/752.6511
www.bigheadinteractive.com

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