Dress Codes

News & Analysis as of

Employment Law - May 2015

U.S. Supreme Court Permits Narrow Review of EEOC Conciliation Process - Why it matters: The U.S. Supreme Court handed a victory—albeit limited—to employers when it determined that courts may consider the...more

NLRB Punishes Employer for Past Unlawful Handbook Policies Despite Employer’s Attempt to Repudiate

In Boch Imports, Inc., the National Labor Relations Board (NLRB) found that the employer, a car dealership, violated the National Labor Relations Act because the dealership’s social media and dress code policies were...more

Summer Is Almost Here (Along With Casual Attire) — Time to Remind Employees of the Dress Code Before Office Resembles a Beach

Easter Sunday just passed, so it is official—spring is here and, before we realize, summer will have arrived. With summer comes warmer weather and trips to the pool, lake, or beach. People exchange their jackets, sweaters,...more

U.S. Supreme Court to Hear Oral Argument This Week in Abercrombie Discrimination Case

Another year has begun and it seems like the debate over Abercrombie and Fitch’s employee dress code policy shows no indication of stopping. Only this time – the U.S. Supreme Court is getting involved....more

Ask Fisher & Phillips: Our Top 10 Questions from Dealers (Part One)

Our Dealership Practice Group represents thousands of dealerships all across the country, from large consolidators to regional groups to single dealerships. Because we have worked so closely with so many dealerships for so...more

DC Circuit Puts On its Thinking Cap when Addressing NLRB Ruling on Hat Restrictions

The United States Court of Appeals for the District of Columbia Circuit recently struck a blow for employer’s rights to regulate headgear, specifically baseball caps....more

Ten New Year’s Resolutions Retail Employers Should Consider Making in 2015

Now that the busy 2014 holiday shopping season is over and the new year has begun, it’s a good time for retail employers to take a breath and think about 2015—what’s coming, what issues they should be watching, and what...more

Dress Codes In The Workplace: Are They Discriminatory

Many employers have adopted dress codes in the workplace that contain restrictions on a number of commonly seen “trends” that are prevalent among young employees. In particular, there is a rise in the number of employers who...more

Don’t Let Your Office Halloween Party “Unmask” Racial Insensitivity

Employers may view Halloween celebrations at work as a no-brainer: Annual October office parties are often great boosts to employee morale, encouraging community, healthy competition, and team-building as participants eat,...more

Trick or Treat: Can Employers Face Liability for Celebrating Halloween in the Workplace?

Halloween celebrations in the workplace can be a treat for employees but the trick is in the employer’s execution. Costumes present a particularly tricky issue because well-intentioned “creativity” can quickly deteriorate...more

Supreme Court Agrees to Review EEOC Suit Against Abercrombie Based on Rejection of Applicant With Headscarf

At the opening of its new term last week, the U.S. Supreme Court agreed to hear the Equal Employment Opportunity Commission’s appeal of a lower court decision dismissing a Title VII claim against the Abercrombie clothing...more

Abercrombie & Fitch Hijab Case Heading To Supreme Court

Last week, the Supreme Court announced that it will decide whether Abercrombie & Fitch’s refusal to hire a woman wearing a Muslim hijab (that they said conflicted with their dress code), constituted religious discrimination....more

Supreme Court To Decide Religious Accommodation Case

Last year, we reported on a decision from a federal judge in San Francisco granting summary judgment to the Equal Employment Opportunity Commission (EEOC) in a case brought on behalf of a former Abercrombie & Fitch employee...more

ACAS Guidance on Dress Codes

ACAS has recently published guidance for employers based in Great Britain on dress codes. This Dechert OnPoint outlines the key issues raised by the ACAS Guidance that employers should bear in mind when drafting or updating a...more

A Dressing Down – Dress Codes in the Modern Workplace?

According to research cited by the British Association of Dermatologists, one in five Britons now has a tattoo. Amongst US 30 somethings, the estimate rises to about two in five, with facial piercings being almost as common...more

Student Forced To Wear “Shame Suit” After Violating School Dress Code

Another school year has begun and it seems like the debate over school dress codes shows no indication of stopping. The most recent dress code controversy to grab national attention involves fifteen-year-old Miranda...more

Polsinelli Podcasts - Can Your Employee Wear That to Work? EEOC Updated Guidelines [Video]

You're an employer with a successful business that caters to the public. One day an employee walks in with attire that is making the rest of your employees uncomfortable. The Equal Employment Opportunity Commission has...more

Button Bans – Be Careful

Employers often implement dress code policies and practices which prohibit employees from wearing all types of buttons or insignia in the workplace. These kinds of policies may be put in place for customer relations,...more

What An Interesting Nose Ring – Now Take It Out

Many retailers consider the professional appearance of their staff to be a significant aspect of their customers’ shopping experience. Unkempt, unclean, and unfriendly employees create negative impressions that injure the...more

EEOC Posts Technical Assistance On Religious Dress And Grooming In The Workplace

Religious discrimination charges filed with the EEOC have increased over the years, rising to 3,721 private sector discrimination charges in fiscal year 2013. An EEOC religious discrimination charge resulted in the United...more

Roll Out the Red Carpet: What Employers Need To Know About Dress Code Policies To Avoid Being Nominated for a Lawsuit

The Oscars are synonymous with fashion with viewers critically evaluating red carpet looks to determine their picks for the best-dressed list. But what happens when employers turn that critical eye to the slightly less...more

Once In Violation, Always In Violation

I loved the holiday season. But if I could look back and point to one part of the 2013 holidays that really bothered me, it is this: the incessant Michael Bolton appearances in those Honda commercials. Every two seconds,...more

EEOC Sues Insurance Company Over Hair Policy

An Alabama insurance company is being sued by the U.S. Equal Employment Opportunity Commission (EEOC) for allegedly discriminating against black job applicants. The EEOC alleges that the insurance company's grooming policy...more

Mobile Catastrophic Insurance Claims Company Sued by EEOC for Race Discrimination over Hair Policy

Catastrophe Management Solutions' Policy Prohibiting Dreadlocks Violates Federal Race Bias Law, Federal Agency Charges - MOBILE, Ala. - Catastrophe Management Solutions, a Mobile catastrophic insurance claims...more

EEOC Sues Scottish Food Systems / Laurinburg KFC Take Home for Religious Discrimination

Laurinburg Companies Unlawfully Fired Pentecostal Employee for Refusing to Wear Pants, Federal Agency Charges - LAURINBURG, NC - Scottish Food Systems, Inc. and Laurinburg KFC Take Home, Inc., two North Carolina...more

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