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Worse Than Discussing the Birds and the Bees: The Dress Code ‘Talk’
by Angie Strunk

A company dress code should be defined upfront within their employee handbook and detailed specifically so there is no confusion, then reinforced and shared throughout the whole of the organization by leadership. Define what is acceptable and what is not within the policy, proactively addressing issues that may arise in advance. This keeps the team, particularly those in smaller business, focused on important tasks of running an organization – curtailing gossip and non productive behavior.

If business casual is appropriate, define exactly what ‘business casual’ is. Does that mean jeans, khakis, jean skirts with fray, flip flops, tank tops, and the like? Many companies are getting away from the business casual because it leaves to much room for interpretation. It’s not enough to just say “business casual” or “professional dress”, you must be specific. For example, our policty with TriServe is even specific down to the tightness of the clothing as well, because some women may choose to dress more provocatively than others.

I have clients who operate salons and they are very specific that their employee’s hair, makeup, acceptable jewelry and so on, even going as far as making sure that the ‘look’ must be up to contemporary styles befitting the business image and brand. While it is acceptable to have a male supervisor discuss the dress of a female with her, the most important thing is to have a policy and to enforce it consistently across the board. Male supervisors, or rather all supervisors, uncomfortable with these types of tasks should clearly seek and work with outside expert HR counsel that specialize in HR matters, but particularly can objectively address these sometimes ‘sensitive’ HR matters.

The policy should also discuss what will happen if the employee violates the policy, and again it should be specific. Will you send the employee home to change clothes? What about continued violations? Are we exposing the company, pardon the pun, to any risk by failing to address the situation or worse, addressing it inappropriately?

It’s also important to remember that if an employee wears certain types of clothing for religious purposes, you cannot discriminate against that employee unless it causes an undue hardship for the company. An undue hardship would be a safety risk in a particular job, for example, not just the employers or their customer’s preference. What about tattoos and body piercing’s? There have been cases where some employees have claimed their tattoo or body piercing was for religious reasons.

The main point to remember is that an employer can have a dress code that is very specific, but the dress code cannot be in violation of Title VII (discriminate on the basis of race, national origin) and must make exceptions where an individual has a sincerely held a religious belief that conflicts and no undue hardship would be posed to the employer. Bottom line, even something that sounds as simple as a dress code and enforcing the dress code can be a burden on a small business left to navigate some confusing legal issues. Don’t guess – ask an expert.

About the Author

Angie Strunk is known to her friends and family as a committed soccer mom, a crazed sports fan and an avid rider of her Harley V-rod. However, to government legislators, Strunk plays different role. She is respected for her expert consult and is viewed as a valued resource called on to develop guidelines for the constantly changing laws of the human resources industry.

With over 13 years of experience in human resources, Strunk's primary goal is to provide outstanding customer service to her clients and their employees. She understands the headaches and uncertainties small to medium sized employers face when confronted with outsourcing human resources and their most valuable asset - their employees. Working hard to ensure that her clients attract and retain quality individuals, are empowered with access to some of the most attractive benefits, are insulated from risk - all to grow their business - is her bottom line, leaving innovative businesses to concentrate on their bottom line.

• 2nd Largest Woman Owned Business in Greater Cincinnati, July 2002
• Winner: Ernst & Young Emerging Entrepreneur of the Year Award, June 2001
• Who's Who in the PEO Industry, December 2000
• Chairperson: National Federation of Independent Businesses

Media Contact:           
Rodger Roeser, APR, Eisen Management Group
Rodger@eisenmanangementgroup.com
859.291.4302