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Now is the time to button up your dress code policies

Many employers implement dress codes to present a professional atmosphere. With summer approaching, now is a good time for companies to revisit their dress code policies to make sure they are in line with expectations.

Policies vary by employer or industry, so there are no hard and fast rules for developing a dress code policy. There are, however, considerations for creating dress codes as well as potential discrimination pitfalls you'll want to avoid.

Dress code options

Variations in dress code policies include business formal, business casual, or casual (which could include a more relaxed dress code for summer). One challenge is creating a dress code that allows employees flexibility in their appearance, but still allows the company to determine that a particular outfit is not acceptable in the workplace.

Listing every type of acceptable clothing may not be possible. Fortunately, concepts such as business casual are fairly well understood and allow for more general guidelines. A dress code policy might, therefore, give examples but refrain from listing every possible outfit. A few examples might include:

• Dress pants, or dresses and skirts that extend below the knee, are acceptable attire. Jeans are allowed only on casual Fridays unless the nature of the job allows for an exception (i.e., employees who perform manual labor might not be required to wear dress pants).

• Business casual shirts (such as button-down shirts for men), blouses, or similar attire are required. Employees are not allowed to wear T-shirts.

• Shoes must be appropriate for the work environment. Footwear such as "flip-flop" sandals are an example of unacceptable footwear.

• By providing examples, you communicate guidelines but retain the right to determine that a particular type or style of clothing is not acceptable, even if the outfit is not specifically listed. Providing a list of prohibited clothing items is generally also acceptable.

Concerns over discrimination

Generally, dress codes with differing requirements for men and women are not necessarily discriminatory. For example, you can allow only women to wear sandals or earrings, but not allow these items to be worn by men.

Personal appearance, however, can become the subject of a discrimination complaint. Some religions require particular items of clothing. For example, an employee's religious practice might include the wearing of a Muslim hijab, a Christian cross, or a Sikh turban. Other religious practices forbid women from wearing pants. Title VII of the Civil Rights Act protects employee religious beliefs, and employers are obligated to provide an accommodation (such as an exception to a dress code) as long as it does not create an undue hardship.

• Michael Henckel is an editor at J. J. Keller & Associates, a nationally recognized compliance resource company that offers products and services to address the range of responsibilities held by human resources and corporate professionals. For more information, visit jjkeller.com/hr.

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