We’ll call them “the 4” just because it’s easier than assigning four fake names.
A couple of weeks ago, the shopping center the store is based in had a “Rainbow Day” to raise money for LGBT bullying awareness.
When unwanted conduct related to a person's religion or belief, causes a distressing, humiliating or offensive environment for that person.
Treating an employee unfairly because they have made or supported a complaint about religion or belief discrimination.
In some limited circumstances, indirect discrimination may be justified if it is necessary for the business to work.
For example an employer may not employ someone who insists on having certain times off for religious observance, when the time they want off is the employer's busiest time, and all staff are needed to ensure customers' orders are met.
However, even if a dress code is discriminatory, an employer does not need to make exceptions for certain employees if doing so would place an undue burden on the employer. In today's work world, more employers are requiring more formal attire.
For example, if someone's religion said they could not wear pants but they worked at a factory that required them to wear pants a court would likely side with the employer as the pants are for the employee's safety. My employer is telling me how to dress, but no one else is forced to dress that way, is that legal? My employer has dress codes for women, but not for men, is that legal? My boss requires me to wear makeup, and seems to have a much more different dress code for women than for men, is this legal? My boss allows women to wear their hair long, but not men, is that legal? Can a casino, or other employer make me wear a "revealing" or "sexual" uniform? Is my employer allowed to tell me to maintain a certain weight in order to fit into a certain size uniform? Is my employer allowed to deduct the cost of my required uniform from my paycheck? While in the last decade there was a trend for employers to be more laid back, and they allowed such things as "casual Friday," in the last three to four years, some employers are taking a step back towards requiring a more formal way of dressing.
Find out more in the Acas guide, Equality and discrimination: understand the basics [415kb].
Adjustments of work schedules for religious observances may be approved for an employee who is employed in or under an executive agency, as defined in section 105 of title 5, United States Code.
Agencies should require employees to submit a written request for an adjusted work schedule in advance.
For the most part these dress codes are legal as long as they are not discriminatory. In general, employers are allowed to regulate their employees' appearance, as long as they do not end up discriminating against certain employees.
For example, men and women can have different dress codes if the dress codes do not put an unfair burden on one gender. Is my employer allowed to require me to shave my beard? Is my boss allowed to tell me to cover my tattoos and piercings? Can my employer still tell me what to wear if my religion conflicts with my employer's dress code? Does my employer, or prospective employer, have a responsibility to provide me with a dress code accommodation, when they reasonably know I need one, even if I did not ask for one? Can my employer ban me from wearing union buttons or t-shirts with the union logo? I feel that my employer's dress code has violated my privacy rights or might be discriminatory. It is very common, for example, for an employer to require his/her employees to wear a uniform so that all employees appear uniform.