Dress and Grooming Standards: How Legal are They?

Abstract

Many employers and researchers believe that even-handed dress and grooming standards are legal. However, in certain situations there can be serious legal pitfalls for those who adhere to this practice. Exceptions to dress and grooming standards may be required based on religion, freedom of expression, collective bargaining rights, and more recently, on sex. In an evolving part of the case law, dress and grooming standards based on sex-role stereotypes even-handedly applied are more often being ruled illegal by the courts. Moreover, many states protect dress as it relates to sexual preference. The relevant legal case history is reviewed and guiding principles provided. The manner in which people dress goes to the heart and soul of who and what they are in terms of personality, identity, gender, attitudes, and abilities [1]. Attire affects one’s image and how s/he is perceived by managers, other employees, and customers [1]. Mindful that a person’s appearance is a reflection of the company’s image and often has a direct impact on the firm’s bottom line, many organizations construct and implement dress and grooming standards to ensure that the organization is portrayed in a positive and professional manner. Sometimes dress