Can dress codes be different for male and female employees?
In brief, yes. The courts have ruled that you can establish gender specific dress codes. As long as the standards for each gender are reasonable for the business environment, or your school's mission (for the sake of this article), then you can establish different dress codes for men and for women.
The courts have taken the position that since dress codes do not involve such characteristics as gender and race, they do not necessarily reflect bias.
Many organizations and companies are shifting back to professional attire from business casual to avoid generation clashes and to simplify the definition of work-appropriate. If you find yourself making that shift, or vice versa, then ISM encourages that you clearly state your new policies, and that all personnel are well informed.
Discharges based on personal appearance and attire are frowned upon within the courts. You may find yourself in a difficult position with no other options but to let go an employee who won't comply with your policies. But before reaching that difficult decision, have a few heart-to-hearts with them.
Some people aren't even aware that they're breaking policy or dressing inappropriately for the work place. You may find that having a discussion with them opens their eyes to how others perceive them, and they make the needed adjustments without cause for further discussions. These encounters need to be documented and kept on file. They also need to be handled both delicately and professionally. For example, saying a few passing comments in the hallways in-between classes isn't the right approach at all. It needs to be clear that the conversation being had is a firm warning, and a serious matter.
Discipline for violations should be applied consistently and fully documented.
Also, check your state's laws regarding dress code policies. Some states have unique laws that prohibit employers from implementing certain restrictions and guidelines.
For more information about dress code policies in the workplace, read HR Daily Advisor, Tube Tops, Tattoos, and Piercings: Where Is Your Dress Code?
