Lots of hospitality employers, and a fair number of retail employers as well, spend time, money, and thought creating a brand or "look." They're trying to create something beyond just a logo or store colors; something that stands out just by looking at the very employees who work there. The way they look. The way they dress.
Is this legally safe? The answer is "yes" . . . and "no." Creating "that special look" is fine, but only as long as it doesn't infringe on one of the protected categories under federal or state discrimination laws. And that includes not only race and sex, but – as some recent high profile cases have shown – religion.
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