PERSONAL APPEARANCE AND GROOMING STANDARDS

Employers may generally enforce personal appearance and grooming policies in the workplace, but should be cautious about enforcing policies that relate to immutable characteristics, disabilities or religious beliefs. Employers should be aware that personal appearance and grooming policies can lead to potential liability for discrimination on the basis of a legally protected status.

Courts generally have upheld an employer's policy where there is a clear, nondiscriminatory rationale for the policy that is supported by the facts. For example, such rationales include concern for the employer's public image, safety concerns or employee morale issues. As long as the policy is not based on immutable characteristics and does not interfere with fundamental rights, the employer's policy is usually upheld.

Some examples of policies that have been upheld by the courts include a requirement that all men wear ties, a policy prohibiting a female employee from using excessive makeup, and a prohibition against the wearing of earrings by male employees. Of course, whether these policies are acceptable in all business contexts is a question of fact and depends upon whether an employer meets the criteria discussed above.

A written policy is an important part of an employee handbook since an employer is less likely to be perceived as acting in an arbitrary or discriminatory manner toward a particular employee. An employer should also consider whether to include language in its policy that they will consider a reasonable accommodation for certain employees. Such policies reflect an employer's willingness to make accommodations and can help avoid lawsuits.