Be Prepared To Justify Employee Dress Code Policies

Most people have experience with an employee uniform or dress code policy (mine is "business casual"). There are often very good reasons to have employees look or dress a certain way. It can assist with productivity, promote professionalism and branding, and ensure uniformity. As such, employees' attire/appearance can be a legitimate concern for employers. However, to the extent that a policy has no rational connection to a business need or unduly infringes on an employee's self expression, it may be successfully challenged by unions.

This is exactly what occurred in one recent case involving a hospital dress code policy that, in part, prohibited employees from revealing large tattoos and wearing excessive body piercings. These requirements were struck down by an arbitrator.