Dress code expectations have changed dramatically over the years. Whether you work in healthcare, retail, the food service industry, or the corporate setting, dress code requirements have become much more complex. While employers often implement dress codes to ensure that all employees meet appearance standards that promote a professional image, dress code requirements can become discriminatory if they violate any federal or state anti-discrimination laws. If you believe that your legal rights have been violated due to your employer’s discriminatory dress code policy, it is highly recommended that you contact an experienced discrimination lawyer at your earliest convenience.
What Laws Protect Employees From Discriminatory Dress Code Policies?
Employers are prohibited from discriminating against employees based on their race, religion, sexual orientation, disability, or any other protected characteristic. This includes dress code policies that are discriminatory in nature. For example, if your employer enforces a dress code policy that does not allow you to wear clothing that reflects your religious beliefs – including a hijab, a turban, or a yarmulke – or discriminates against you for wearing your hair in braids, twists, or another style that is generally associated with race, this is a violation of your legal rights. The following are examples of federal and state laws that protect employees from dress code policies that discriminate:
- Pennsylvania Human Relations Act (PHRA). This protects employees against workplace dress code violations by prohibiting employers from discriminating against employees based on a protected class. This includes dress code policies that discriminate based on protective hairstyles, religious beliefs, race, disability, and gender expression.
- CROWN Act. This stands for “Creating a Respectful and Open World for Natural Hair,” which was signed into law by Governor Shapiro in November of 2025. It amends the PHRA to specify that the term “race” should include traits associated with race, including natural hair texture and protective hairstyles, including afros, dreadlocks, braids, and twists.
- Title VII of the Civil Rights Act of 1964. This federal law prohibits employers from enforcing dress code policies that discriminate against employees based on race, color, religion, sex, national origin, or any other protected class.
- Americans with Disabilities Act (ADA). Employers must make reasonable accommodations for employees with disabilities. If a dress code policy negatively impacts employees with disabilities, including sensory issues, limited mobility, or physical traits that require certain clothing, footwear, or grooming accommodations, this may be considered a discriminatory dress code policy.
What Are the Legal Requirements of a Dress Code Policy?
While employers are permitted to enforce reasonable dress code requirements, particularly for workers who must wear Personal Protective Equipment (PPE) that keeps them safe, or employees who regularly interact with clients, vendors, or the general public, dress codes must comply with current legal standards and best practices. In order to ensure that a dress code policy does not discriminate against any employee, it must meet the following requirements:
- The dress code should not impose unequal burdens on certain groups.
- The dress code must not reinforce outdated gender stereotypes.
- The dress code must provide reasonable religious or medical accommodations.
- The dress code should not be applied selectively or inconsistently.
What Are the Different Ways That Dress Code Policies Are Discriminatory?
If a dress code violates any of your anti-discrimination laws, you may want to consider filing an official complaint. While dress codes are not illegal if they meet the legal requirements, the following are examples of dress code policies that discriminate against certain employees:
- Racial discrimination. A dress code policy may not prohibit an employee from wearing clothing that is associated with a particular race or ethnicity. For example, if any employer does not allow an employee to wear a traditional, brightly colored “African Kente cloth,” a sacred, hand-woven textile from Ghana, this could be considered intentional discrimination based on ethnicity. Even if the employer did not intend to discriminate against the employee, the dress code policy may be considered discriminatory if it has a disproportionate impact on employees who are part of a protected class.
- National origin discrimination. Dress code policies that target cultural expressions associated with a certain country or nation of origin may be considered illegal. For example, if an employer prohibits an employee from wearing traditional cultural garments to work, or requires an employee to change their hairstyle from one that reflects their nation of origin to a more “Americanized” hairstyle, this is discriminatory in nature.
- Religious discrimination. If an employee’s religious beliefs require them to wear certain clothing or accessories, their employer’s dress code policy may not prohibit them from wearing such attire. For example, if an employer’s dress code states that Muslim employees may not wear a head scarf – or hijab – this is a violation of an employee’s legal rights. In fact, in a recent Supreme Court case involving Abercrombie & Fitch, the clothing company refused to hire a Muslim applicant because the company’s dress code policy prohibited caps of any kind. According to the Supreme Court, the employer’s dress code policy was illegal due to the fact that Abercrombie did not want to change its policy to accommodate the applicant. Employers must make reasonable accommodations unless doing so would create an undue burden on the employer.
- Sex discrimination. While some courts have permitted certain dress code requirements for male and female employees, provided the policy is applied fairly, employers who rely too heavily on traditional standards may have discriminatory policies in place. For example, if an employer requires female employees to wear makeup and high heels or prohibits them from wearing pants, this may be considered unlawful. The Supreme Court considers sex stereotyping as a form of sex discrimination under Title VII.
- Gender discrimination. If a dress code enforces gender stereotypes or violates gender or sexual orientation protections under Title VII, this is a violation of anti-discrimination laws. Gender identity protections have expanded in recent years to reflect the growing number of individuals who identify as transgender, non-binary, or gender non-conforming. Employers may not require transgender employees to dress according to the sex assigned at birth. Dress code policies that do not account for gender identity may be considered discriminatory.
- Disability discrimination. According to the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations for employees with disabilities, and their dress code should reflect this requirement. A dress code can become discriminatory if it fails to address the needs of employees with disabilities. For example, an employee cannot be required to wear certain footwear if they are required to wear orthopedic shoes due to a disability.
What Should I Do if My Employer’s Dress Code Is Discriminatory?
If you believe that your employer’s dress code policy has violated your legal rights, and you wish to file an official complaint, there are a number of steps you will need to take. An experienced discrimination lawyer will assist you with the following steps:
- File a claim with the Equal Employment Opportunity Commission (EEOC) or the PHRC. If you file the complaint with the PHRC, your claim must be filed within 180 days of the discriminatory act. The timeline for non-federal employees to file a complaint with the EEOC is also 180 days. However, the deadline for employees in Pennsylvania is extended to 300 days since the state has its own anti-discrimination agency. Federal employees must file their complaint within 45 days of the incident. Whether you file with the EEOC or PHRC, your complaint will be cross-filed with the other agency if the agency with which you filed believes that the other agency is better suited to handle your complaint.
- Once your complaint has been filed, an investigator will be assigned to your case. You and your employer will need to complete a series of questionnaires, and the investigator may follow up if additional information about the complaint is needed. If an agreement cannot be reached, the agency will determine whether legal action should be taken against your employer.
- If the agency decides to file a claim on your behalf, it will file a lawsuit against your employer and assist you with the legal proceedings. However, if the agency decides not to file a lawsuit against your employer on your behalf, they will send you a “right-to-sue” letter. Upon receipt of this letter, you will have 90 days to file a claim in court. If your claim is filed after the deadline passes, your claim will likely be denied, and you will be unable to pursue a lawsuit against your employer at a later date or recover the financial compensation you deserve. A dedicated employment lawyer will help you navigate every step of the claims process and ensure that your claim is filed well before the deadline.
Our Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Advocate for Victims of Dress Code Discrimination in the Workplace
If your legal rights have been violated by your employer’s discriminatory dress code policy, do not hesitate to contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. We will determine the nature of the discrimination, ensure that your legal rights are protected, and pursue the maximum damages to which you are entitled. For a free consultation, call today at 215-569-1999 or contact us online. With office locations in Philadelphia and Pennsauken, New Jersey, we proudly serve clients in Pennsylvania and New Jersey.
