Tube Tops and Tuxedos

It's every HR managers nightmare: "Sam, this is Betty down in reception. What are we going to do about Leo? He's walking around the front office in his running shorts and a Philly T. And the team from Acme, our biggest client, just walked in the door. I'm mortified. You've got to say something to him, or give us a policy to stop him."

The problems

Dress codes, or the lack of them, cause problems every day for HR managers across the country. Despite the greater attention paid to appearance lately because of the tightening job market, the situation has generally gotten more complicated over the years. The advent of casual Fridays and a generally more casual approach to dress take much of the blame. Of course, sorting everything out is usually left with you: management says "get me a policy," unhappy supervisors turn to you for advice on how get compliance, or you have to hire a law firm to represent you in a discrimination lawsuit. Here are some of the common problems we've seen on list servs, message boards, and in conversations with other HR managers:

Clothes that are overly casual: running shorts, tube tops, bluejeans, T-shirts with logos, etc.

Provocative clothing: bare navels, muscle shirts, transparent blouses, and deep necklines.

Dress codes that appear to discriminate: hat bans (which might draw objections from members of some religions); prohibitions on facial hair (some black men experience pain in shaving); and requirements that women wear skirts.

Problems over uniforms: employee objections and high expense as a result of high turnover.

The law

There is no federal law governing employee dress codes. Employers may set whatever dress guidelines they wish, as long as they do not discriminate on the basis of gender, race, religion, disability, or any other federally protected status. Nonetheless, employees sometimes go to court over them anyway. Although these cases rarely succeed, the litigation itself is costly and disruptive.

Try these solutions

In general, courts have ruled that private employers may implement dress standards for employees as long as they can provide business justifications for them, and as long as the standards do not weigh more heavily on one group of people than another. Communicate the business reason for your dress code. Employees will be more willing to comply if the believe there is a legitimate reason (e.g.; presenting a good image to the public.) Confine dress codes to those employees who meet the public, even if it is occasional contact. That way you've shown a good business reason why you want employees to make a good impression.

Call your dress code "recommended" or "guidelines". If you have workers who don't get the message on their own, use performance appraisals or coaching to bring them in line. Recognize that if you get too specific about prohibited items of clothing, someone will find a loophole. It's better to keep language general to cover the spirit of what you intend. The former not withstanding, use a poster that shows what is acceptable and not acceptable business attire. Consider dress-up

Fridays where people are dressed very formally, to give people some fun and appreciation for being well dressed.

Watch out for restrictions that apply only to protected groups like members of religious groups, women and minorities. Involve workers in deciding on uniform choices or colors. Provide some variety. If workers feel like they are involved in the decision making and have some choice, they will be happier.

Consider logo ware. Lots of employers choose a supplier who provides shirts or jackets with logos. Employees who pass certain milestones or have special achievements are given these items of clothing, or the items are subsidized. You get a wardrobe that pleases the company and the employee sees a benefit. Some employers pick a day that is company logo day, and set the standard for what other items can be worn with them.