Creating a Dress Code policy

Key points to include

You want to provide your employees with the information they need to meet the company’s dress code requirements. Be sure to plainly state what you mean rather than leaving words like “inappropriate” up to the reader’s interpretation. Dress code basics should cover the following:

• General guidance about dress code, including shoes and hats (and masks, if applicable)
• If using a term like “casual,” provide examples of what is deemed appropriate or inappropriate
• Specific expectations based on position or work location (e.g., remote work)
• Other items related to presentation, such as hygiene, jewelry, or tattoos

NOTE: Though your dress code may seem harmless, certain provisions may actually be discriminatory. Be sure to read the What’s trending section below for more detail.

Don’t forget to provide information that extends beyond what should and shouldn’t be worn. These topics might include:

• Information about obtaining uniforms, if applicable
• How to request dress code accommodations due to religious, health, or other needs
• Whether remote work expectations vary based on the day’s agenda
• Procedures for addressing dress code violations

Make it easy for the employee to understand what it is that you want, and don’t forget to pay attention to current trends (e.g., leggings, jeans with holes, etc.).

Why it matters

Introduce the dress code policy by explaining why you have it. The “why” behind your policy is especially important when it comes to something like employee appearance. If your dress code is largely geared toward safety, that’s a pretty easy sell. In other cases, you’ll need to think more about how you communicate your rationale. Regardless, you’ll want to START the policy with the reason it exists.

In a more relaxed setting, you might say something along these lines:

We want you to feel comfortable and confident while you work. At the same time, it’s important that we maintain our reputation as a talented and reliable team. If your day includes video conferences or client meetings, a more professional look will help position you for success. On days when you’ll be working independently, you might opt for something more casual. Regardless, please adhere to the following guidelines related to dress and appearance.

What’s trending

With the increase in remote workers, dress codes aren’t what they used to be. (I used to walk to school uphill both ways.”) Dress codes have become more like suggestions than anything. No matter the extent of your company’s dress code, it’s important to be mindful of areas that may be considered discriminatory or in violation of National Labor Relations Act (NLRA) rights.

Dress codes should be gender-neutral. In Bostock v. Clayton County, Ga. (2020), the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protects employees against discrimination based on sexual orientation or gender identity. In the past, courts have also determined that rules related to dress and grooming should be equally applied to all employees. That said, develop a dress code that encompasses everyone, regardless of sexual orientation or gender identity.

Get out of employees’ hair. Many states have adopted laws that prohibit discrimination based on hair style and hair texture, especially if the style or texture is commonly associated with a particular race or national origin. In 2019, California was the first state to adopt the CROWN Act (Create a Respectful and Open Workplace for Natural Hair). Many states have since followed California’s lead, and a Federal-level CROWN Act is in the works. If it’s absolutely necessary to mention hair in your dress code, be sure the language is inclusive of all hair types and textures.

When in doubt, tread lightly. Nobody actually wants to be told how to dress.

Additional notes

Make it easy for employees to access related policies, such as:

• Policy against Harassment, Discrimination, and Retaliation
• Code of Conduct
• Workplace Safety
• COVID-19 Precautions

While you’re perfecting your handbook, check out some other Blissbook content focused on policy creation:

• How to Write Policies & Procedures
• How to Write a Culture-First Employee Handbook