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30th Sep 2013

Q:  To what extent can a California employer require me to conform to a dress code?  P.H., Santa Monica A:   Employers can legally implement a dress policy, and enforce it.  There are some limitations, however, such as if the dress code policy impinges upon a person’s religious practices, or there is a significant differentiation based on gender (eg., a policy that mandates women managers wear uniforms whereas male managers can simply dress “professionally”).  In addition, California Government Code Section 12947.5 sets forth that “it shall be an unlawful employment practice for an employer to refuse to permit an employee to wear pants on account of the sex of the employee.” On the other hand, nothing prohibits an employer from banning pants for both sexes.  There can be many reasons for a particular dress code, from health and safety considerations to legitimate business purposes (a restaurant chain promotes its brand through a certain outfit). Some localities in California have adopted their own rules. San Francisco bans employment discrimination based on weight, height, and appearance. Santa Cruz has an ordinance which, among other things, prohibits employers from discriminating on the basis of hair colors that are not found in nature. Bottom line, dress codes are permissible, if legal.

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSesq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.

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