2018 - Tattoos, Sandals, Yarmulkes, Dress and Appearance: Increasing Legal Challenges for Employees and Employers

OVERVIEW
From the length of one’s hair, to the number and location of visible tattoos, to recognizing gender non-conformity style, to creating a summer dress code in the workplace, employers are facing an increased need to determine their organization’s culture and policies, as well as following federal and state laws. How does an organization balance employees’ rights to express themselves with the organization’s rights to determine its legitimate business needs while maintaining an inclusive work environment? The pitfalls for employers are many. More businesses are likely to face these issues especially now that research is confirming these types of biases exist broadly across U. S. workplaces. The potential for organizational errors are plentiful. Organizations expect employees to use sound judgment in their dress and grooming, however, what if the employee’s sense of professional wear and grooming varies from the organizations? After all, types of self-expression have become more commonplace with society demonstrating more acceptances in people’s choices of self-expression—shouldn’t the workplace reflect this change in social rules too? Religious dress, casual wear at work and dress that defies gender stereotypes are the areas that are the most challenging for employers. These issues and others will be discussed.
WHY SHOULD YOU ATTEND
Dress code in the workplace is receiving a fair amount of attention in the courts these days. There have been a number of precedent setting lawsuits dealing with dress codes’ requirements and how those requirements, even inadvertently, discriminate against potential and current employees based on their gender, religion, and race, to name a few. It is critical that human resources professionals and managers understand the importance of a discriminatory free dress code to ensure all job candidates and employees ae treated fairly and equitably.
AREAS COVERED
• To discuss legal issues surrounding appearance and dress code in the workplace
• To list specific elements of a dress and appearance policy
• To explore the role of unconscious bias and stereotypes in discrimination through dress codes
• To identify prevention tactics to ensure employees are judged by their performance and not by stereotypes
LEARNING OBJECTIVES
• EEOC laws regarding dress code in the workplace
• Body art
• International dress
• National Labor Review Board’s take on dress
• What should be considered in writing your dress code?
• Religious dress
• Sex stereotyping dress
• Tattoos
• Political dress
WHO WILL BENEFIT
• Managers throughout the organization
• Directors throughout the organization
• Human Resources generalists, managers, directors
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