Appearance Policy

News & Analysis as of

NJ High Court Declines to Review “Borgata Babes” Case, Effectively Doubling Down on Appellate Court’s Acceptance of Atlantic City...

The BorgataBabes Are Subject to Specific Personal Appearance Standards - The Borgata, which when it opened in 2003, marketed itself as Atlantic City’s first Las Vegas-style resort and distinguished itself in the...more

Can You Judge A Book By Its Cover? Adopting And Enforcing Dress Codes And Appearance Policies

Many hospitality employers impose strict guidelines on employee appearance, dress, and grooming – and for legitimate reasons. These rules protect your public image, promote a productive work environment, comply with health...more

Court Dismisses Police Officers’ Class Action Complaint Regarding Anti-Tattoo Policy

In a recent order in Medici, et al. v. City of Chicago, Case No. 15 C 5891, 2015 WL 6501153 (N.D. Ill. Oct. 27, 2015), Judge Charles P. Kocoras of the U.S. District Court for the Northern District of Illinois dismissed a...more

District Court for the EDNY Denies Motion to Dismiss Selective Enforcement Gender Discrimination and Retaliation Claims Related to...

In Visecchia v. Alrose Allegria LLC, a recent decision from the United States District Court for the Eastern District of New York, the court granted in part and denied in part a motion to dismiss claims of gender...more

Gatekeeper Liability of Inside Asset Management Attorneys "Appearing" Before the SEC

This article addresses the liability of inside attorneys at asset management companies— mutual fund sponsors, investment advisers, broker-dealers, life insurance companies—as gatekeepers under rules of the US Securities and...more

New Jersey’s Law Against Discrimination Does Not Go So Far As To Protect “Weight, Appearance, or Sex Appeal”

The New Jersey Appellate Division recently affirmed summary judgment for the defense on several claims in the widely-followed “Borgata Babes” case, reining in the plaintiffs’ attempt to expand the New Jersey Law Against...more

Employment Law - August 2015

California Sick Leave Law Gets Updates - Why it matters: California's Healthy Workplaces, Healthy Families Act just took effect on July 1 but Governor Jerry Brown has already signed into law tweaks to the statute....more

“Hair Today? Gone Tomorrow!”: Employers Face Obstacles When It Comes to Enforcing Look Policies

Your author joined the ranks of the bearded in January after six years of daily shaving for the Air Force, skillfully concealing his newfound hirsuteness (look it up) amid the current popularity in facial hair (see: Special...more

U.S. Supreme Court Rules Against Abercrombie In Headscarf Religious Accommodation Case

The U.S. Supreme Court reinstated the EEOC’s lawsuit against Abercrombie & Fitch Stores, Inc., alleging that Abercrombie violated Title VII of the Civil Rights Act of 1964 by refusing to hire a Muslim applicant, who wore a...more

Gavel to Gavel: Faith and consequences

Last week’s decision by the U.S. Supreme Court on religious discrimination, EEOC v. Abercrombie & Fitch Stores Inc., may have the unintended effect of an increase in religious stereotyping in the workplace. The lawsuit...more

Don’t Ask, Don’t Tell? When It Comes to Religious Accommodation, the Supreme Court Offers Guidance (Well, Sort Of…)

What if it looks like someone may need a religious accommodation, but the individual never asks? Does the company still have a duty to accommodate? In a much awaited opinion, the Supreme Court, in an 8-1 decision, determined...more

Employment Law Reporter – June 2015

Abercrombie & Fitch’s “Look Policy” Needs A Makeover After The Supreme Court Looked At It - The Abercrombie & Fitch clothing company is famous for their scantily clad models with six-packs and very little actual clothing...more

Can You Still Have Dress Codes After Abercrombie Decision?

I’m not a fan of click-bait, so if you clicked the headlines and just want to know whether your company can still have a dress code policy after the Supreme Court’s decision in EEOC v. Abercrombie & Fitch, the answer is...more

Lack of Actual Knowledge of a Need for a Religious Accommodation is Not a Defense to a Religious Bias Suit

On June 1, 2015, the U.S. Supreme Court ruled in favor of the Equal Employment Opportunity Commission (EEOC) in a religious bias suit involving an unsuccessful Muslim job applicant who was rejected because her headscarf did...more

Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters

As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against...more

Supreme Court Opens The Door To More Religious Accommodation Claims

In a near-unanimous 7-page opinion, the U.S. Supreme Court held that employers need not have “actual knowledge” that an employee is requesting a modification of his position for religious purposes in order to be required to...more

Supreme Court Agrees With EEOC on Duty to Accommodate Suspected Religious Practices

Last year, the Tenth Circuit Court of Appeals issued a controversial opinion absolving a clothing retailer from failing to hire a Muslim applicant for employment who did not tell the company that the headscarf worn at her job...more

Confounding the equality paradigm: accommodating religious practice after EEOC v. Abercrombie - 3 steps for employers

There is a traditional defense to claims of unequal treatment: lack of knowledge. In Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., 575 U.S. ____ (June 1, 2015), that too was the employer’s...more

Supreme Court Sides with EEOC in Longstanding Hijab Dispute with National Clothing Retailer

On June 1, 2015, the U.S. Supreme Court sided with the EEOC in the well-chronicled case involving a Muslim job applicant who the EEOC claimed was illegally denied employment because of her religion. In EEOC v. Abercrombie &...more

Accommodating Religious Practices in the Workplace: Time to Check Those Dress Codes

Use of a Dress Code Gone Bad - Employers catering to the public, or relying upon in-person customer contacts to promote their businesses, have frequently established employee "dress codes" to regularize the appearance of...more

SCOTUS rules against Abercrombie & Fitch in Tulsa religious discrimination case

On Monday, the U.S. Supreme Court ruled in favor of the Equal Employment Opportunity Commission and against Abercrombie & Fitch Stores Inc. in a religious discrimination lawsuit involving a Muslim job applicant at its Tulsa,...more

Religious Discrimination – U.S. Supreme Court Issues Decision on Closely Watched Case

On October 3, 2014, I posted a blog entry that the U.S. Supreme Court announced that it would hear the EEOC’s appeal over whether a national retailer, Abercrombie & Fitch Stores Inc., violated the prohibition against...more

The Supreme Court’s Decision in EEOC v. Abercrombie: What Can Employers Do to Reduce the Risk of Religious Discrimination Claims...

On June 1, the Supreme Court issued an 8-1 decision in EEOC v. Abercrombie & Fitch Stores, Inc., holding that Title VII of the Civil Rights Act prohibits a prospective employer from refusing to hire an applicant in order to...more

Dress Codes, Religion and the Workplace – More Than Meets the Eye

On its face EEOC v. Abercrombie & Fitch Stores, Inc. dealt with an employer’s refusal to hire a Muslim woman who wore a headscarf in accordance with her religion, but the Supreme Court’s decision affects many more workplace...more

Religious Discrimination Suit Over Muslim Job Applicant’s Hijab; U.S. Supreme Court Rules Against Abercrombie & Fitch

In a ruling handed down yesterday, the U.S. Supreme Court sided with the Equal Employment Opportunity Commission (EEOC) in a religious discrimination case against the popular clothing retailer, Abercrombie & Fitch Stores,...more

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