Our previous post covered diversity in the workplace, including being sensitive to employees who display their religious beliefs through clothing or hairstyle. We advised employers to avoid making an issue of any such break of dress code as long as job performance was not affected.

That leads us to today’s topic: are dress codes still being established in businesses? A look around a scattering of companies reveals a variety of policies that are currently in force:

Retail: Most major chains enforce dress codes. Target, Walmart, Macy’s, and Costco all require their employees to either dress in business wear or uniforms. Target’s red top and khaki bottom outfits are familiar to frequent shoppers. Costco’s guidelines forbid facial piercings (even after Costco was sued for the policy on religious grounds). And what would Walmart be without blue vests everywhere?

Smaller, locally-owned establishments are usually a reflection of their clientele and surroundings. Some stores allow employees to wear whatever they want—which can be dangerous! The definition of “too casual” depends largely on your industry and where you’re located. West coasters tend to be more casual, and we’ve seen plenty of t-shirts, jeans, and flip-flops worn by sales clerks. If that’s a normal look in your area, your customers probably won’t think it’s a big deal—especially if they’re dressed the same way. In bigger cities and on the east coast, people tend to dress up more, and retail clerks’ dress reflects it.

Restaurants: Most restaurants have established dress codes, at the very least for health and safety reasons. Customers don’t usually care for a guy in a tank top taking their dinner order (as happened to a friend of ours recently!). Upscale restaurants see dressed-up diners who expect professional appearances for host and wait staff.

Health Workers: Scrubs are the norm in all areas of health care, from walk-in clinics to emergency rooms. Nurses, doctors, and dental assistants are usually decked out in scrubs for their entire work day—even television’s Dr. Oz wears scrubs for every appearance on Oprah’s show.

Professionals: Most law offices and finance-related businesses still require corporate dress for all staff, from CEO to reception. You don’t expect to see a board room full of people dressed in sweat pants and tennis shoes. Nor would most folks feel comfortable if their lawyer represented them in court while wearing a t-shirt and shorts! Suits, dress shirts and ties, skirts, and hose are still considered proper attire in the legal and financial fields.

Dress codes can encourage professional conduct and increase productivity for your employees. But beware: if you do not currently have a dress code in your company, your employees may resist it—so be sure to communicate your reasons clearly, and to enforce it consistently. When deciding what the dress code will entail, ask the following questions to avoid legal trouble:

• Is the policy fair for employees of both genders and all ages?
• Does it infringe on any employee’s religious beliefs?
• Does it infringe on a cultural aspect of a specific race?
• Would a disability prevent an employee from complying?
• Can employees fulfill their job duties when complying?

Chances are your company has become more diverse over the years, based on the changing demographics of the US population. Being sensitive to cultural differences between you and your employees is not only important, but it could keep you out of legal trouble, as well. 

With charges of religious discrimination in the workplace on the rise, here are some general guidelines you might consider. These examples are based on recent courtroom cases, and should not be construed as legal advice.

Be careful about dress and personal appearance codes. In the District of Columbia, a federal court ruled that firefighters cannot be forced to be clean shaven. The case began around concerns that respirators won’t fit the bearded firefighters properly. Those who wear beards for religious reasons were ruled to be exempt from the policy. 

Consider your company’s dress code, and how it applies to workers who wear head coverings or other religious dress. Courts would unlikely to find favor with an employer shown to be discriminating against employees for facial hair or religious dress. If an employee’s appearance does not affect their work, it’s best to leave the issue alone.

Be aware of what makes for a hostile work environment, and require your employees to be respectful to all co-workers. One worker sued her company after management ignored her requests for fair treatment. Her co-workers had repeatedly yelled at her when they could not understand her English. The court ruled against the employer on grounds of a hostile workplace after it found she demonstrated enough knowledge of English to do her job and ruled the co-workers were harassing the complainant.

Be flexible about days off. Don’t assume that all your employees share your faith or that everyone celebrates the same holidays. Respect your workers who request days off for religious holidays—even if you are unfamiliar with them. Communicate with all of your employees to create solutions that will work for both the business and the staff. Swapping days off or instituting floating holidays for everyone are two possibilities to consider.

Speaking of holidays, how does an employer celebrate holidays without offending employees? Whether your staff celebrates Hanukkah, Christmas, Kwanzaa, Ramadan—or nothing at all—must be taken into consideration. You will add to your employees’ job satisfaction and loyalty when you demonstrate your respect of their religious beliefs. 

At holiday time, instead of giving Christmas cards or bonuses, avoid singling out one religion by renaming  them “year end bonuses.” Instead of decorating a Christmas tree, honor diverse customs by allowing employees to bring in personal holiday mementoes, or to decorate a space together. Those individuals who do not wish to participate should never be forced to or treated any differently.  

If you’re an employer, read up on cultural diversity, or take a class if offered in your local community college. All companies can provide education to help managers learn about and model sensitivity to their workers’ religious beliefs and cultural differences. Remember, it is up to the employer to ensure that all employees are respectful of their co-workers, and to stop any harassing or insensitive actions when they occur.