Dress Codes

News & Analysis as of

NYC Offers Guidance on Avoiding Discrimination Based on Gender Identity

The guidance may help employers nationally comply with the trend toward protecting transgender individuals’ rights. Despite their increasingly positive representation in US media and culture (e.g., Caitlyn Jenner and the...more

Preparing for the Oscars: Can You Retaliate Against Your Worst-Dressed Employees?

The door opens. All eyes turn to watch the smiling woman as she strides across the carpet. Wait, is she wearing what I think she’s wearing? Oh my. What do you do when the outfit your employee is wearing makes your...more

The NYC Commission on Human Rights Issues Sweeping Guidance Related to its Long-Standing Gender Discrimination Prohibition

On December 21, 2015, the New York City Commission on Human Rights (the “Commission”) issued enforcement guidance (the “Guidance”) regarding discrimination on the basis of gender identity or expression. The Guidance explains...more

NYC Human Rights Commission Takes Expansive View of Gender ID Discrimination

The New York City Commission on Human Rights has just released a Human Rights Legal Enforcement Guidance on Discrimination on the Basis of Gender Identity or Expression. The Guidance defines eight categories of discriminatory...more

NYC Commission on Human Rights Issues Guidelines on Transgender Discrimination

On December 21, 2015, the New York City Commission on Human Rights issued new enforcement guidelines regarding discrimination on the basis of gender identity or expression. While the City Council added transgender protections...more

New York City Commission on Human Rights Releases Enforcement Guidance on Gender Identity and Expression Discrimination (NYC...

New York City is finishing off a strong year on the employment law front. Earlier this year, the City Council passed laws that banned the box and all but eliminated credit checks. It also passed a law requiring employers to...more

Ending the Year With A Bang: NYC Bans “Caregiver” Discrimination and Issues Sweeping Gender Identity/Expression Discrimination...

So much for a quiet year-end for New York City employers. In the final weeks of 2015, NYC government officials took two actions that will have a significant impact on the city’s business community, first passing a bill...more

Call Me Rachael: New York City Issues New Guidance on Gender Identity Rules

New York City’s Commission on Human Rights issued a document entitled “Legal Enforcement Guidance on the Discrimination on the Basis of Gender Identity or Expression: Local Law No. 3” on December 21. The Commission enforces...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

Halloween Costumes in the Workplace: Fun Bonding or Scary Nightmare?

Unless you run Disneyland or an establishment for exotic dancers, your workplace is probably not used to its employees wearing masks, fake blood or scanty suggestive outfits. Not only is your company not used to it, but it...more

Court Allows EEOC’s Discrimination Suit Over Religious Garb To Proceed To Jury

In an order recently issued in EEOC v Jetstream Ground Services, Inc., Case No. 13-CV-02340 (D. Colo. Sept. 29, 2015), Judge Christine Arguello of the U.S. District Court for the District of Colorado ruled that the EEOC had...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

Court Allows EEOC to Join Transgender / Sex Discrimination Lawsuit against First Tower Loan

Lake Charles Location Terminated Employee Because of Transgender Status, Commission Charges - NEW ORLEANS - Mississippi-based First Tower Loan, LLC violated federal law by firing a Lake Charles, La., manager-trainee...more

Retailers Should Heed Supreme Court Guidance On Religion

Earlier this summer, the U.S. Supreme Court held that retail giant Abercrombie & Fitch committed religious discrimination by refusing to hire an applicant (EEOC v. Abercrombie & Fitch, read Alert here). The company believed...more

A Return Of “Common Sense” To The Courtroom? DC Circuit Concludes That AT&T Connecticut Was Justified In Banning Employees From...

How would you feel if a telephone or cable repair person showed up at your residence wearing a t-shirt that said “Inmate”? In Southern New England Telephone Company v. National Labor Relations Board the United States Court...more

Dealership Handbooks Remain In The NLRB's Crosshairs

As we advised almost a year ago, the National Labor Relations Board (NLRB) has recently been subjecting dealership handbooks to increased legal scrutiny. Whether or not your dealership is unionized, your employment policies...more

Supreme Court Expands Religious Discrimination Liability

Most employers know that Title VII prohibits discrimination against applicants or employees based on religion. They also know that Title VII requires employers to provide reasonable, religion-based accommodations to employees...more

AT&T Was Right in Banning Employee “Prisoner” T-shirts

The U.S. Court of Appeals for the District of Columbia recently ruled that AT&T had a right to forbid its employees, when interacting with the public, from wearing t-shirts that the company reasonably believed could harm its...more

Muslim Applicant Can Proceed With Religious Discrimination Lawsuit

Samantha Elauf, a practicing Muslim, wore a headscarf when she interviewed for a job with Abercrombie & Fitch. Although the headscarf was not discussed during the interview, the store allegedly decided not to offer Elauf a...more

Abercrombie Resolves Religious Discrimination Case Following Supreme Court Ruling in Favor of EEOC

WASHINGTON - A federal appeals court has granted Abercrombie & Fitch's request to dismiss its appeal of EEOC's successful religious discrimination suit against the company, the federal agency announced today. This represents...more

“Common Sense” Shows The Value of a Well-Written Dissent: Southern New England Telephone Company v. NLRB

It must be frustrating to be in the minority of an administrative adjudicatory body and to constantly be forced to write dissenting opinions, as was the case for former National Labor Relations Board (NLRB) member Brian E....more

NLRB Reversed for Ignoring “Common Sense”

In Southern New England Telephone Company v. NLRB, the D.C. Circuit reversed an NLRB decision finding it unlawful to prohibit public-facing employees (including in-home service technicians) from wearing a particular t-shirt...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

If Your Baristas Can Show Off Their Tattoos, Will Your Employees Be Next?

Coffee giant Starbucks recently announced a major change to its dress and appearance policy, allowing baristas to visibly display tattoos for the first time in the company’s 44-year history. The company decided that employee...more

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