May we have a policy requiring employees to follow certain hygiene practices, such as wearing deodorant or not wearing perfumes or colognes?

As part of your company's professionalism or dress and grooming policy, you may remind employees that the use of perfumes, scented lotions, colognes and aftershaves are prohibited. However, you should indicate that this does not exclude the use of bathing with soap or the use of antiperspirants and/or deodorants.

By maintaining a standard such as this, you are reminding employees of the importance of the image they project to your customers, clients, co-workers, etc.

One of the touchiest subjects is overly strong perfume. Any discussion can be a particularly sensitive subject, but when it's a big problem, a tactful approach can be to explain that perfumes can cause allergic reactions to many people.

Employers must be mindful that any hygiene or grooming policy cannot treat employees differently based on their sex, race or any other protected class. Employers also can’t impose any physical appearance or grooming policy which is inconsistent with an individual’s gender identity or gender expression. Policies should be enforced consistently. Uneven enforcement can lead to claims of discrimination.

In addition, religious beliefs, practices and observances are protected under state and federal law; this includes religious dress and religious grooming practices. The phrase “religious grooming practice” is to be construed broadly to include all forms of head, facial, and body hair that are part of the observance by an individual of his/her religious creed.

Lastly, California's protection against racial discrimination includes discrimination based on hair texture and protective hair styles, including braids, locks and twists. Employers should review their workplace dress code and grooming policies and consult legal counsel for any necessary changes.