Employers are allowed to institute reasonable grooming and appearance requirements, so long as they don't discriminate on the basis of gender, race, or religion and are related to the requirements of the job. In other words, a grooming or appearance requirement is permissible if it doesn't discriminate between men and women and serves some business purpose.
A policy that has different grooming and appearance requirements for men and women is not automatically discriminatory. Different grooming and dress requirements are permissible so long as they impose equal burdens on males and females and only if they do not limit the employment opportunities of one sex and not the other.
Courts have laid out many examples of differences in grooming and appearance requirements that are permissible. These include:
These differences are only allowed when they don't restrict employment opportunities for one sex and not the other and when they serve some business purpose.
Many practices are not allowed when it comes to grooming and appearance requirements. For example, employers cannot:
To review, employers are allowed to have different grooming and appearance standards for men and women, so long as the requirements are equally burdensome, do not restrict employment opportunities, and are not demeaning to the group it applies to. Also, the requirements must be related to the job in some way.
If you are planning on implementing or changing a grooming and/or appearance requirement, an experienced employment lawyer can advise you on what's allowed and what isn't. Also, if you are an employer accused of sex discrimination, a lawyer can represent you.
Last Modified: 06-21-2018 06:35 PM PDTLaw Library Disclaimer
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