California Business Dress Code Laws

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    • California has several state and local laws that pertain to dress in the workplace.mens clothing image by Photoeyes from Fotolia.com

      There are a variety of state and local laws that may come into play when constructing a dress code for a business in California. To start with, it is important to know that these laws may compel an employer to construct either a more lenient or more strict dress code, depending on the circumstances and the nature of the work involved. Several different laws may come into play, and the issues surrounding work dress code law include safety, discrimination, and specific demands associated with different forms of employment or jurisdictions within the state.

    Health and protection

    • Safety in the workplace trumps all other concerns, and under section 6300 of California labor code, an employer always has the obligation to maintain "safe and healthful working conditions." (see reference 1) There are some workplaces in which this stipulation has little bearing on the types of clothing that must be worn (for example, banks). By contrast, some jobs have safety or health considerations that mandate that certain clothing be worn (say, construction) -- in these cases, employers have the obligation to mandate and enforce a dress code consistent with these concerns.

    Non-discrimination

    • The California Fair Employment and Housing Act (FEHA), which covers discrimination in the workplace, contains provisions relevant to dress code in the workplace. California government code 12947.5 stipulates that "it shall be an unlawful employment practice for an employer to refuse to permit an employee to wear pants on account of the sex of the employee." (see reference 2) Notably, this doesn't prevent employers from banning pants for both sexes, and a later clause allows employers to mandate the donning of uniforms. Employers must also allow employees to wear clothing regardless of whether it seems gender-appropriate.

      See reference 3

    Specific roles and jurisdictions

    • Certain positions of employment or local jurisdictions contain particular requirements that either exempt employers from the obligations noted above or require them to enforce stricter standards. For instance, though the FEHA mandates that employers allow women to wear pants, it makes an exemption for acting roles, where women may be compelled to wear particular outfits consistent with the character they are assuming. Similarly, certain cities and counties have their own rules. According to the Employer Resource Institute, "a San Francisco law bans employment discrimination based on weight, height, and appearance... (and) a Santa Cruz ordinance prohibits employers from discriminating on the basis of hair colors that are not found in nature and visible tattoos and piercing."

      See reference 3

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