Can we tell an employee who wears very faddish clothing – such as torn t-shirts, bare midriffs – not to wear this type?

​Yes, you can have a dress code that doesn't allow certain types of apparel. Employers have the right to have a policy that their employees maintain a business-like, professional appearance.

Clothing Restrictions

Most employers would agree that they want their employees to work comfortably in the workplace; however, there are many other examples of appearances that employers do not like and can restrict: v​isible tattoos, nose rings, eyebrow rings, bare midriffs, mini-skirts and tattered jeans.

It should be stressed that the employer wishes to maintain a business-like appearance in the office, and that clothing that works well outside the office (at the gym, at nightclubs, at the beach) may not be appropriate for the office where customers and clients visit.

It can be very difficult to approach an employee about inappropriate clothing, but clothing that's too revealing is not appropriate for a place of business.

It's wise to have a dress code policy that outlines the employer's preferences, and give guidelines to the employees. It's also wise to consult with legal counsel in drafting such a policy.

Employers must be mindful that any dress code policy cannot treat employees differently based on their sex, race or any other protected class. All employees also have the right to wear clothing consistent with their gender identity and expression. Dress codes that reinforce gender stereotypes are not appropriate.

California regulations also provide that any dress, grooming or personal appearance requirements must take into account religious dress and grooming practices (2 CCR section 11062(c)).

Dress codes should be enforced consistently. Uneven enforcement can lead to claims of discrimination.

Safety Concerns

Safety concerns can also be an issue involving a dress code. Production employees wearing long earrings risk getting caught in machinery; flip-flop sandals could expose feet and toes to injury; and excessively long fingernails pose safety and health issues, particularly in a medical office.

You can find more information on Religion and Dress Standards in the HR Library.​​