Employer Imposed Appearance Standards
Company’s Image is an Asset
by Amy Rudley, Esq

Customers perceive the general appearance of an employee as a reflection of an employer’s professionalism and quality. Responding to the importance of image, many companies have recognized the need to establish appearance and grooming standards and related requirements. However, the imposition of such standards on employees may conflict with their religious rights, their rights pursuant to disability laws, or their right to be free from gender discrimination. 

An example of such litigation is easy to find – however an interesting case from 1995 dealt with a woman who made her own personal vow to God to wear an anti-abortion pin until there was an end to legalized abortion. This case is particularly interesting as the woman’s vow was her own – and not one imposed by her clergy or Church. The graphic photograph on this pin was so offensive to her co-workers that it resulted in a 40% drop in productivity. 

Obviously, her employer wanted the dispute surrounding the pin to cease and for productivity to return to its baseline. After much turmoil, her employer finally gave her three options: she could wear the button while in her cubicle, she could cover it in some manner, or she could wear a different anti-abortion button with the same message. The court held that asking her to cover the button was a reasonable accommodation, as she would have not been required to compromise her vow, while the other two options were not reasonable. 

This case illustrates the underlying tension in religious expression cases between the employee’s right to self expression and the rights of the employer and coworkers.  This case also highlights the importance of planning ahead and making careful decisions when considering the institution of appearance standards in order to avoid a similar drop in productivity and the resultant chaos. 

In addition to individuals who claim a religious reason for an aspect of their appearance, such standards also trigger considerations of disability and race and gender discrimination protections. Issues of disability most commonly arise in circumstances involving men who suffer from painful disease aggravated by shaving, known as PFB or “pseudofolliculitis barbae.” Many Courts have already held that PFB constitutes a disability and others are likely to follow suit.

Gender discrimination issues may arise whenever male and female employees are treated differently with respect to any standard. This has arisen in previous cases dealing with hairstyle, as well as uniform appearance. Hairstyle limitations have also resulted in racial discrimination claims as litigants attempt to argue religious protection for their particular styles.

When drafting or revising your own policies – consider the way the policy will affect men versus women, how it will affect people of differing religious beliefs, and whether it will trigger any claims of disability discrimination. As seen above, Courts consider these cases by balancing the rights of employees with the safety, health, and practical considerations of employers. 

Despite the challenges involved, it is possible to impose enforceable and effective appearance standards upon employees.  This will help to ensure that your company’s image is demonstrated in the best possible light.  Any employers who need guidance in this area or employees who feel that their employer’s policies are violating their rights should seek counsel regarding this issue.

*This article is for informational purposes only, should not be considered legal advice, and does not constitute an attorney client relationship. Consult with an attorney of your selection if you have specific questions.

Amy is an associate with the Cooper Levenson Law Firm, a National Law Firm handling all types of legal matters. Amy is licensed to practice law in New Jersey and Pennsylvania and resides in Pitman with her husband, Dan, and daughter, Kendall. Please feel free to contact Amy to determine whether she or her firm can assist you in your legal matters. arudley@cooperlevenson.com