The Dress Code Dilemma
Has business casual become too casual?

By Janice Schonwetter
    
As spring and summer months bring warmer weather, people shed excess layers of clothing. The first warm rays of sun warm the soul, but also instill trepidation in the minds of managers. As the temperature rises, so does focus on dress-code issues.

Historical Perspective
In the 80s when business suits and ties were the norm, the embryonic high-tech industry introduced the business world to the notion of more casual attire for the workplace. “Business casual Fridays” were seen as a way to increase employee satisfaction and improve morale. Over time, business casual Fridays became business casual

Monday-Thursday with Friday shifting to “jeans day.” What a perk—you could actually wear jeans to work on Friday!
The trend toward casual workplace attire continued through the 90s with casual standards becoming more prevalent in the workplace and more lenient in definition.

Current View
Five years into the new millennium, the business world has begun asking, “Has business casual become too casual?” That’s not to say that companies are rushing back to the traditional suit and tie view of business dress, but some are beginning to question whether a relaxed dress code has led to declining professionalism and customer service.

Compliance Issues
On the surface it might seem an easy task to develop a company dress code, but there are definitely issues you should be aware of. Some common concerns include:
•    Free speech and expression rights
•    Civil Rights Act Title VII discrimination based on sex, religion or race
•    American with Disabilities Act (ADA) discrimination or denial of reasonable accommodations rights
•    National Labor Relations Act (NLRA) rights to wear union insignias

Although employers should be cognizant of these issues, the courts have historically upheld employers’ rights to establish dress codes. The best defense is to ensure your dress code is driven by business needs and is enforced consistently.

Policy Development
Here are some guidelines to help you create a dress code to meet your business needs and reduce your liability risks:
1.    Align your dress code with your business strategies
•    What business purpose will a defined dress code serve?
•    What type of image do you wish your company to portray?
•    Are there safety and comfort issues that need to be considered?
•    What do your customers want to see?
•    How will it contribute to employee satisfaction or morale?
•    Does the same dress code need to apply to all positions?
2.    Communicate effectively
•    Will the dress code be a dramatic change for the employees?
•    How can you get employees to buy into the need for the change?
•    Will employees have enough advance notice to modify their wardrobes?
•    Will there be a temporary increase in employee turnover because the employees view the change as a financial burden?
3.    Be specific
•    How will the dress code be defined for your organization? (Remember to explicitly define what is “appropriate” and “inappropriate” under the dress code.)
•    Will showing body piercings be allowed? Where? How many?
•    Will you allow beards? (Watch out for no-beard policies that may violate ADA rights of individuals with a condition called pseudofolliculitis barbae – a skin condition exacerbated by shaving.)
4.    Enforce consistently
•    Will executives have to follow the same rules?
•    Do the same rules apply to men and women? Is a ponytail acceptable for a woman but not for a man? (Watch potential Title VII issues.)
•    How will offenders be disciplined?
5.    Be reasonable
•    Make religious and disability accommodations as necessary.
•    Revisit the dress code regularly to adjust for changing business needs, customer feedback and employee satisfaction.

Bottom Line
Your employees are an immediate and lasting reflection of the image your company portrays. A business casual dress code should have the emphasis on business not casual. Managers and owners must serve as role models for their employees by leading the way in complying with the dress code.

Janice Schonwetter is president of HR by Design, specializing in providing expert human resources services to small and mid-sized businesses and to nonprofit organizations. She can be reached at (913) 484-5954 or visit www.hr-by-design.com