HR Question of the Month: Summer Dress Codes

Posted on:

July 23, 2024

Question
We would like to create a summer dress code, so our employees do not have to wear suits during the hot summer months. Are we allowed to set a dress code and say what is and is not permitted (e.g., no t-shirts with profanity, nudity, etc.)? Also, we want to allow female employees to wear sandals, but require male employees to wear shoes or sneakers. Is this permissible?

Answer
Employers generally have the right to establish and enforce a dress code policy as a condition of employment. Because federal and state laws generally do not directly govern these policies, employers have a lot of flexibility in creating an appropriate dress code for their environments. Typical dress code policies may include, for example, an organizational philosophy, appropriate attire, prohibited attire and how the policy will be enforced.

Of course, an employer’s policy should not violate discrimination laws. For example, a gender-neutral dress code policy may help avoid discrimination claims on the basis of sex. In this regard, a policy should not require all male employees to wear closed-toed shoes in the summer while allowing female employees to wear open-toed sandals. Whether sandals are permitted or not should be applied to everyone or, at least, everyone who is similarly situated. This means that an employer can have dress code distinctions based on, for instance, departments or divisions, but the distinctions would need to apply to everyone within such departments or divisions.

Employers should also keep in mind that they may need to make accommodations due to, for example, an employee’s religious beliefs or disability. It may be beneficial for employers to work with local counsel when drafting a dress code policy to ensure it satisfies the employer’s objectives and complies with applicable federal, state, and local laws.

Federated Insurance is an ACCA Platinum Corporate Partner. For more information about our Corporate Partner program, visit here or email ACCA’s Strategic Partnerships Manager Kenzi Vizzari at kenzi.vizzari@acca.org.

This article is for general information and risk prevention only and should not be considered legal or other expert advice. The recommendations herein may help reduce, but are not guaranteed to eliminate any or all risk of loss. This is not provided as a substitute for any OSHA or other regulatory standards that may apply. The information herein may be subject to, and is not a substitute for any laws of regulations that may apply. This information is accurate as of its publication date and is subject to change. Some of the services referenced herein may be provided by third parties wholly independent of Federated. Federated provides access to these services with the understanding that neither Federated not its employees provide legal or expert advice. All products and services not available in all states. Qualified counsel should be sought with questions specific to your circumstances and applicable laws.

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Federated Insurance

Through valued business insurance products and proven risk management strategies, Federated Insurance offers peace of mind to contractors nationwide. Federated Insurance has been an ACCA Corporate Partner since 2009. ACCA’s recommendation of Federated helps ensure that association members receive personalized service, coverages tailored to their individual business needs, and assistance with their risk management efforts.

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