International Public Management Association for Human Resources HR-CENTER January 2006 Personnel Practices: Dress Code Policies International Public Management Association for Human Resources 1617 Duke Street Alexandria, VA 22314 (703)-549-7100 http://www.ipma-hr.org 1 DRESS CODE POLICIES Table of Contents I. Dress Code Overview……………………………………..…..3 II. Sample Policies A. City of Carrollton, TX………………………………….…..6 B. City of Fort Worth, TX……..………..…………………..…8 C. City of Lodi, CA…………………………………………..15 D. State of Michigan……………………………………..…...12 E. Okalahoma City, OK……….………...…………………....15 As you develop your own plans and policies, please email information to gov@ipma- hr.org. IPMA-HR HR Center 1617 Duke Street Alexandria, VA 22314 (703)-549-7100 2 A new paradigm for "dress for success"? Body piercing. T-shirts. Facial hair. Tattoos. Where should employers draw the line in the workplace? What grooming guidelines, if any, should organizations develop? When it comes to dress codes, what legal rights do employers and employees have? Are there any guidelines on religious dress? These questions and more are what employers and employees are asking everyday. With times quickly changing and as younger generations get older, norms and expectations slowly transform. Business attire five days a week has become more rare in the average workplace or agency. Young executives and managers are more liberal in there approaches to issues of this sort, making the term “dress for success” less stressful and more cost effective for the average person. Grooming Standards Personal "style" reflects a diverse workplace and often individuals with tattoos are creative individuals. However depending on his or her job, an employee's appearance may alienate customers. While tattoos, facial hair or body piercing are not specifically included in the protected-class categories, individuals may charge discrimination if religious beliefs affect their personal appearance preferences. Those electing to enforce a grooming standard should first consider various religions before imposing any guidelines. Most policies regarding hair would read something like the following: hair should be worn neat and in a professional manner. Although this is a very vague statement, it is worded as such because of legal constraints. Some religions require individuals to keep a certain amount of facial hair and wear their hairstyle a certain way. For these reasons employers cannot put strict constraints on hairstyle. However if the job, for health and safety reasons, requires hair to be worn in a certain way, employers may make and enforce specific guidelines.1 Jewelry and tattoos in the workplace is definitely a grooming standard that has changed as the years have progressed. Typically, jewelry should not be too flashy, and not loose fitting. The standard for most workplaces is that jewelry should be limited to three items including: earrings, necklaces, bracelets, or anklets.2 More than three items of jewelry could be considered a distraction to other co-workers, however it all depends of the ideals of the particular workplace. Body piercings like nose, tongue or eyebrow rings should be removed while in the workplace. However, a nose piercing could carry religious implications for people, in which it should be allowed to worn. Concerning tattoos, employers have the right to ask individuals to cover body art, especially if the tattoo could be considered offensive. Earlier in 2005 the EEOC filed a lawsuit against a Red Robin after firing an Egyptian man.3 After his rite of passage, he received religious inscriptions less than a quarter-inch wide on his wrists. Red Robin, who has a policy against visible tattoos, later fired the 1 Bureau of National Affairs, Inc. (BNA, Inc.), Human Resources Library, January 2006 2 Bureau of National Affairs, Inc. (BNA, Inc.), Human Resources Library, January 2006 3 Equal Employment Opportunity Commission, “EEOC Press Releases”, 10 January 2006 http://www.eeoc.gov/press/9-16-05.html. 3 man.4 Was the company wrong? Although the company had a policy in place against tattoos in plain site, this individual’s tattoo had religious connotations. The company can only asked tattoos to be covered if it can be considered to be offensive and impede the job from being done. In this case, the individual explained to his manager the significance of his markings numerous times, yet he was still fired. Dress Typically, employers promote common sense and good taste in their dress codes. They discourage sexy dress on-the-job, including excessively short skirts or low-cut shirts. Some HR professionals have taken pictures of "good dressers" and posted them on a bulletin board. Other employers have held fashion shows to provide tips on appropriate and inappropriate clothing. However, the dress code of a particular company or agency depends on its culture. Certain executive or managers may call for professional dress at all times while others are content will casual wear. Yet and still, dressing in good taste or common sense is subjective and will vary with different people. If HR professionals are having problems with their dress code, the following workplace rules are fairly standard: No clothing that is ripped, torn or has holes. Shorts and skirts can be no shorter than 2 inches above the knee No t-shirts, sweatshirts or sweat pants. No sneakers, flip-flops or open-toed sandals. No tight pants, stretch pants or leggings. No hats, sunglasses or bathing suits. Clothing should be neat and pressed and items should match. With regards to religious dress, employers cannot discourage or prohibit a person from following their religion. According to the EEOC, "Title VII of the Civil Rights Act of l964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. The Act also requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless to do so would create an undue hardship upon the employer (see also 29 CFR l605). Muslim women, for example, are required to cover their bodies as a sign of modesty, so some may where just head covering or only show their eyes. Rastafarians are required to wear their hair in dreadlocks, representing the Lion of Judah. In these cases and cases similar, the employee must be allowed to dress this way, as long as it does not interfere with safety and health regulations.5 Casual dress Casual dress days are extremely popular in America's workplaces. Many federal government agencies have casual Fridays. Some companies have even fully adopted casual dress code, with business attire only being required on days of important occasions or meetings. Nearly two-thirds have casual dress year-round, with the rest limiting it to 4 Equal Employment Opportunity Commission, “EEOC Press Releases”, 10 January 2006 http://www.eeoc.gov/press/9-16-05.html. 5 Bureau of National Affairs, Inc. (BNA, Inc.), Human Resources Library, January 2006 4 certain days of the week, typically Fridays, or the summer, according to USA Today. Nine out of 10 U.S. companies have a casual business wear policy. What exactly constitutes casual dress? On these certain “dress down” days, what is acceptable attire? Business casual is included but not limited to: slacks, khakis, jeans without tears or holes, sports shirts, skirts and dresses, walking shorts (no higher than three inches above the knee), turtlenecks, sweaters, loafers, tennis shoes, and sandals. Clothing must be neat and clean.6 Any other expression of casual dress, should be carefully organized and be in accordance with the job’s norms or personality. General guidelines To avoid potential problems arising from miscommunication (including lawsuits) every organization should have a properly written set of expectations and protocols. If job requirements are documented in writing, identifying, defining, and describing "decent professional appearance" and behavior as well as duties, responsibilities, and working conditions, the dress code issue should not be problematic in initial hiring or in firing. These requirements should be reasonable and employees should be able to follow them easily. When employees understand dress code guidelines at hiring and when workers are advised when they violate the rules, the dress policy will be more effective. Other tips include: · Before and after hiring, communication within the organization and between the supervisors and employees can resolve potential tensions or conflicts and define the failure of an employee to meet requirements. Employers can explain that personal appearance is part of the organization's culture and image. · If workers repeatedly defy the guidelines, employers should discipline them appropriately. · Tie your dress standards to organizational needs, such as a need to maintain a public image, comply with state or local sanitation and health regulations, or ensure personal safety. · Avoid standards that appear to be aimed only at one sex, race, or ethnic group. · Construct your policy so it is not controlling, but rather explains the need for professionalism and safety. · Consider individual department needs and the types of customers served. · Make sure that your grooming suggestions do not make unreasonable demands on your employees' clothing budgets. · Finally, review standards periodically to make sure they reasonably reflect contemporary issues. Dress codes should have a positive - not a divisive - impact on the workplace. If an organization sets reasonable expectations, builds in flexibility and communicates its guidelines clearly, dress codes should present little problem for employers. 6 Bureau of National Affairs, Inc. (BNA, Inc.), Human Resources Library, January 2006 5 Human Resources – City of Carrollton 1945 E. Jackson Road Carrollton, TX 75006 STATEMENT OF PURPOSE: It is the expectation of the City of Carrollton that all employees maintain a clean and neat appearance while on duty. The City of Carrollton provides uniforms to those employees who are at significant risk of damaging their own clothing as a result of performing work for the City.