Dress codes can be enforced
Published 06/10/05

Workers should expect to be required by their employer to wear professional work attire for their occupation. An employer has the right to require a certain level of work attire so long as it is not discriminating between workers based on a protected class.

For example, it would be inappropriate for an employer to say that female workers may not wear pants and must wear skirts/dresses when male workers are obviously allowed to wear pants. Other requirements, which are reasonable for any particular work setting, can be enforced. For example, in a professional office setting, employers can certainly prohibit wearing jeans, sneakers, sandals, tank tops, or other casual attire.

In general, if there are restrictions in regards to a worker's attire, it is often best to have a written policy in place as to the general requirement of the worker to wear appropriate attire for their job and then give specific examples of work attire which is inappropriate.

Attempting to specifically list appropriate work attire can cause confusion. For example, if an employer was to specifically list a skirt as appropriate attire for a woman to wear in the office and a female worker believes her tight and short expensive night club skirt is also appropriate for the office, the employer may be in a conflict with that worker when she claims entitlement to wear a "skirt" under the policy.

However, if there is a broad policy as to professional attire with specific examples focusing on forms of work attire which are not appropriate, such as jeans and sneakers, the worker may be less inclined to wear the unprofessional attire in the first instance and if she was to do so, a private, discreet conversation with her would more than likely lead to her thereinafter better understanding the employer's parameters of professional attire and therefore dress more conservatively in the future.

Likewise, a broad statement in a policy as to the requirement of a worker to be professionally dressed would clearly give the employer the right to instruct a worker on how he wears work attire so that if male worker comes to work wearing his pants below his hips, the employer may admonish him, again discreetly to minimize the effect on worker morale.

So long as the employer focuses its work attire policy on legitimate business interests which are nondiscriminatory, such as making a productive workplace and a place within which customers feel comfortable, the employer has the right to impose restrictions on a worker's attire. A worker does not have the right to force the employer to accept his chosen work attire as a condition of the employment.

New Hampshire is an employment-at-will state and absent a written agreement, if a worker refuses to comply with the work attire policy, generally the employer has the right to terminate that worker so long as that work attire policy or its enforcement does not discriminate against any protected classes.

J. Daniel Marr is a director and shareholder at Hamblett & Kerrigan, P.A. His legal practice includes counseling businesses and business persons on a variety of legal issues, including employment, and advocating on their behalf. You can reach Attorney Marr by e-mail at: dmarr@hamker.com

This information is general information and may not reflect the most current legal developments, verdicts or settlements. The information provided should not be relied upon as an indication of the actual state of the law or of future developments. The information contained on the Hamblett & Kerrigan website is for informational purposes only and does not constitute legal advice. If the information referenced may be of legal importance to you, you should consult with an attorney to provide you with legal guidance and opinion as the the effect of the current law upon your situation.