Labor & Employment Law

The right ... to wear pants.

I am preparing for a press interview about how employers should approach dress code policies and it seems that it always is a surprise to people to learn that that the California Government Code specifically addresses employees' right to wear pants to work.  Section 12947.5 states:

(a) It shall be an unlawful employment practice for an employer to refuse to permit an employee to wear pants on account of the sex of the employee.
(b) Nothing in this section shall prohibit an employer from requiring employees in a particular occupation to wear a uniform.

Also, employers should note, dress standards or requirements for personal appearance need to be flexible enough to take into account religious practices.  While it is lawful for an employer to implement rules about employee physical appearance, grooming, or dress standards, the standards cannot discriminate based on a protected category, such as race or sex.  Also, click here to read a previous post about policies on tattoos, tongue rings, and body piercings in the workplace.

Full post as published by California Labor & Employment Defense Blog on March 27, 2008 (boomark / email).