News & Analysis as of

Dress Codes Title VII

Constangy, Brooks, Smith & Prophete, LLP

Biting the hand that feeds you. Don’t bite back.

You’ve got an employee who is an outspoken critic of your company’s equal employment policies or practices. He or she has violated your dress code by wearing anti-discrimination messages, fomented discontent amongst your...more

Sherman & Howard L.L.C.

Appeals Courts Divide Over Application of LGBTQ+ Nondiscrimination Law to Religious Businesses

A federal court of appeals ruled last week that religious businesses may be partially exempt from Title VII — a statute that prohibits workplace discrimination because of sexual orientation, gender identity, and other...more

Constangy, Brooks, Smith & Prophete, LLP

That well-endowed Canadian teacher -- what would've happened here?

This is a G-rated post. PG at worst. Toronto-area shop teacher Kayla Lemieux -- you know, the one with the famous Z-cup breasts -- has been placed on a leave of absence now that the New York Post has reported that she is...more

Troutman Pepper

Chapter Two: Federal District Court Again Finds Employer Did Not Violate Title VII in Prohibiting Black Lives Matter Attire

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Q. Have there been any updates since the federal court previously determined that the employer did not violate Title VII in prohibiting employees from wearing Black Lives Matter and other social justice attire to work?...more

Sherman & Howard L.L.C.

When Employment and Traditional Labor Collide: Whole Foods Wins One in the Ongoing Legal Battle Concerning Black Lives Matter...

Whole Foods recently scored a victory in its fight to defend its dress code prohibition on non-Whole Foods brands and logos. The United States District Court for the District of Massachusetts, (“the Court”) granted Whole...more

Parker Poe Adams & Bernstein LLP

Federal Court Rejects Claims by Employees Allegedly Fired for Wearing BLM Masks

In February 2021, we wrote about Kinzer, et al. v. Whole Foods Market, Inc., a case pending in Massachusetts federal court in which multiple employees alleged that they had been terminated by Whole Foods for wearing Black...more

Fisher Phillips

Weekly Checklist: It’s Time to Update Your Employee Appearance Policy for 2023

Fisher Phillips on

Each week, FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...more

Troutman Pepper

BLM Messaging on Face Masks in the Workplace

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Q: Have any courts addressed a company’s ability to regulate the type of masks that employees wear at work?...more

Foley & Lardner LLP

Cooling Off . . . Revisiting Employee Dress Codes in the Summertime

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It’s Summer 2022 – and life is back to normal? Or is it? While inflation remains high, the labor market remains tight. The Department of Labor’s most recent job report shows that 372,000 jobs were added in June, and...more

Spilman Thomas & Battle, PLLC

What Employers Should Know about the CROWN Act

On March 18, 2022, the House of Representatives passed the Creating a Respectful and Open World for Natural Hair Act ("CROWN Act") of 2022. The purpose of this bill is to address the routine deprivation of educational and...more

Troutman Pepper

Federal District Court Found That Employer Did Not Violate Title VII in Prohibiting Black Lives Matter Attire

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Q: Have there been any court rulings on whether companies can limit employees from wearing Black Lives Matter and other social justice attire to work?...more

Hinshaw & Culbertson - Employment Law...

Whole Foods Prevails Against Racial Bias Claims

With political and social activism surging in the workplace, Frith et al. v. Whole Foods Market Inc. et al., may prove to be the tip of the iceberg when it comes to employee discrimination claims. At issue in the polarizing...more

Parker Poe Adams & Bernstein LLP

Court Dismisses Claims Against Whole Foods for Ban Impacting Black Lives Matter Masks

On February 5, a federal court in Massachusetts entered an order dismissing Title VII claims brought against Whole Foods by a number of employees who were disciplined for wearing masks or other items supportive of the Black...more

Hinshaw & Culbertson - Employment Law...

Five Issues for Employers to Consider as Political and Social Activism Surges in the Workplace

Six months into a global pandemic, employers across the United States continue to deal with a series of new economic realities. More employees are working from home, with companies continuing to reevaluate their business...more

Constangy, Brooks, Smith & Prophete, LLP

Illegal or ill-mannered? Title VII meets Ms. Manners

Is it discriminatory to discipline employees for wearing #BLM face masks? When does Supervisor Karen cross the line from rude into discrimination? And join us to count down the top eight things you should never, ever say in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Practical Questions for Employers Following the Bostock Decision, Part 2: Dress Codes and Grooming Standards

On June 15, 2020, the Supreme Court of the United States issued its decision in Bostock v. Clayton County, Georgia, holding that, pursuant to Title VII of the Civil Rights Act of 1964, as amended, covered employers may not...more

U.S. Equal Employment Opportunity Commission...

Versant Supply Chain and AT&T to Pay $150,000 to Settle EEOC Religious Discrimination Suit

Companies Discriminated Against Employees by Requiring Them to Remove Religious Headwear, Federal Agency Charged - MEMPHIS, Tenn. - Versant Supply Chain, Inc. and AT&T Services, Inc. have agreed to pay $150,000 and...more

FordHarrison

Dress Code Tips Inspired by JLo and Shakira’s Halftime Performance

FordHarrison on

Is it just me, or has JLo and Shakira’s halftime performance at the Super Bowl received more attention than the game itself? As with so many other issues these days, we are a country divided. Some believe the performance was...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

SCOTUS Hears Arguments on Scope Discrimination Because of Sex Under Title VII

On October 8, 2019, the Supreme Court of the United States heard oral argument on one core question: does the prohibition on discrimination “because of...sex” in Title VII of the Civil Rights Act of 1964 include...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California’s New Hairstyle Antidiscrimination Law May Signal the Beginning of a National Trend

Signaling a growing movement to align culturally inclusive practices with legal protections, California has become the first state to expressly ban discrimination based on hairstyle and hair texture associated with a person’s...more

Parker Poe Adams & Bernstein LLP

New California Law Prohibits Discrimination on the Basis of Natural Hair

Earlier this month, California’s governor signed into law the Creating a Respectful and Open Workplace for Natural Hair (CROWN) Act. The new law is the first of its kind in the U.S. Beginning January 1, 2020, it will prohibit...more

Fisher Phillips

Web Exclusive: April 2019: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Littler

New York City Commission on Human Rights Provides Legal Enforcement Guidance on Race Discrimination on the Basis of Hair

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The New York City Commission on Human Rights (NYCCHR) released enforcement guidance on Monday, February 18, 2019, defining discrimination based on natural hair and hairstyles as a subset of race discrimination....more

Polsinelli

Natural Hair Don’t Care: New York City Commission on Human Rights Issues New Guidance Related to Discrimination Based on Hair &...

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In February 2019, the New York Commission on Human Rights (the “Commission”) issued guidance regarding employment discrimination based upon natural hair or hairstyles. ...more

Polsinelli

Employee Grooming Policies and the Limits of Title VII

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Employers may regulate the length, style, and neatness of employees’ hair in the workplace through so-called grooming policies, unless the hair style is a matter of sincere religious observance posing no more than a minimal...more

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