DRESS CODE DILEMMAS

The flowers are blooming. The sun is shining. And the birds are tweeting. Know what that means? Summer Dress Code dilemmas are once again upon us.

Whether you are an HR manager or corporate decision-maker, you know how vital a dress code policy is. But should you be concise? Simply stating your philosophy and letting your employees use their best judgment? Or should every detail, from hem line, to sleeve length, to fabric and undergarment, be outlined and explained?

This may seem like an easy decision, but it’s a highly sensitive topic. Not only are there legal implications, but the choices you make could affect the health and safety of your employees, not to mention their morale and productivity.

First, let’s consider “Steve the CEO’s” position. He believes that his employees are adults and are therefore capable of making intelligent summer garment decisions. In Steve’s case, he publishes a very brief statement suggesting that all workers may choose summer casual attire based on good taste, decorum, modesty and professionalism. While this certainly proves his respect for his employees and their intelligence, Steve’s vagueness leaves his policy open to a variety of interpretations.

Before long, Steve finds out that the oppression of the summer months can get the best of his employees’ judgment. In late July, a manger in his company tells a female employee that her low cut tank top is too revealing. The manager had no choice but to confront the employee. If he had ignored the poorly chosen attire, it might have become a distraction and encouraged others to follow suit, further undermining the company’s culture. A sexual harassment lawsuit ensued.

On the other hand, a highly detailed guide to summer dressing can provide strict guidelines to help remove gray areas. Policies can be written tactfully without being insulting or demeaning. The challenge is to approach the dress code content in a balanced and fair way so that it does not appear to be directed at any one, particular group or employee. Various positions within the firm must be taken into account, including client-facing back office and warehouse workers. Finally, every possible detail needs to be considered. For example, head covering. Are they allowed? Are they a safety hazard? You must tread lightly here since your policy might be discriminating against a particular employee or group of employee who wears head coverings as a religious expression.

Our suggestion. Develop a policy that is aligned with your business goals and your brand, and be prepared to explain your policy’s legitimacy if you are questioned about it. Finally, your dress code MUST always be reviewed by an employment attorney. After all, the last thing an HR department wants is a workplace discrimination complaint due to the misinterpretation of language or for overlooking someone’s rights.