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Treating men and women differently on the basis of gender may be viewed as sex discrimination and also may violate transgender identity and expression protections in California.
Employers may not single out or discriminate against a particular group of persons on the basis of sex, gender, gender identity and gender expression in regard to appearance or behavior, including transgender employees and employees in transition.
If an employer has a dress code, it must be applied in a nondiscriminatory manner. For example, a transgender employee who identifies as a woman must be allowed to dress in the same manner as a nontransgender woman. It is unlawful to impose on someone an appearance, dress or grooming standard that is inconsistent with an individual’s gender identity or gender expression, unless the employer can establish a business necessity.
Dress codes that reinforce gender stereotypes are not appropriate.
If you think you have a business necessity, you should consult with your attorney as the issue of sex, gender, gender identity and expression is a protected right in California, enforced by the Department of Fair Employment and Housing.
You can find more information on Dress Standards in the HR Library.