May an employer have a dress code requiring female employees to wear a skirt?
Author: William Denham, Shortt & Nguyen, PC
Yes. An employer may generally impose a dress code that requires female employees to wear skirts if there is a legitimate business necessity for this requirement and it is reasonably related to the employer's business needs. For example, an employer may seek to foster a professional atmosphere and require more formal dress. However, an employer must be careful that a dress code does not impose a greater burden on one gender than the other. Further, an employer should be careful about discrimination and sex stereotyping claims. An employer may need to make reasonable accommodations based upon an employee's religion, national origin or disability under federal law, or sexual orientation or gender identity under state law. All dress code requirements should be clearly outlined in the employee handbook.