Kentucky Employment Discrimination Lawyer: Can An Employer Enforce A Dress Code?
Under federal and state law, it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The laws forbid discrimination in every aspect of employment.
But what about a dress code in the workplace? In general, an employer may establish a dress code which applies to all employees or employees within certain job categories. There are a few possible exceptions.
A dress code must not treat some employees less favorably because of their national origin. For example, a dress code that prohibits certain kinds of ethnic dress, such as traditional African or East Indian attire, but otherwise permits casual dress would treat some employees less favorably because of their national origin.
An employer may require all workers to follow a uniform dress code even if the dress code conflicts with some workers' ethnic beliefs or practices.
If the dress code conflicts with an employee's religious practices and the employee requests an accommodation, the employer must modify the dress code or permit an exception to the dress code unless doing so would result in undue hardship. Similarly, if an employee requests an accommodation to the dress code because of his disability, the employer must modify the dress code or permit an exception to the dress code, unless doing so would result in undue hardship.
If an employee needs to modify a dress requirement because of a disability, the employer may need to grant that employee a reasonable accommodation.
For more information on employee rights, please contact Kentucky employment discrimination attorney Vanessa Cantley at Bahe Cook Cantley & Jones by calling (502) 587-2002 or e-mailing her by clicking here: e-mail_Vanessa.
