Dress and Grooming Standards: How Legal are They?

Henry Findley
Cherie Fretwell
Robert Wheatley
Earl Ingram

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DOI: 10.2190/0811-177W-4857-W535

Abstract

Many employers and researchers believe that even-handed dress and grooming standards are legal. However, in certain situations there can be serious legal pitfalls for those who adhere to this practice. Exceptions to dress and grooming standards may be required based on religion, freedom of expression, collective bargaining rights, and more recently, on sex. In an evolving part of the case law, dress and grooming standards based on sex-role stereotypes even-handedly applied are more often being ruled illegal by the courts. Moreover, many states protect dress as it relates to sexual preference. The relevant legal case history is reviewed and guiding principles provided.

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This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.