Is Your Organization’s Dress Code Free From Sex Stereotyping in Business and at Work?

For a number of years, I’ve advised clients who want an organization dress code for employees to keep it gender neutral.

When I started my HR career at a large publicly held corporation over 25 years ago, women were required to wear matching suit jackets and skirts (pantsuits were not permitted), high heels (no flats) and pantyhose. There was nothing more delightful than wearing pantyhose during the heat of August; any woman living in New York City knows that it’s a fast-track to heat stroke. As part of my next HR leadership job, I proactively removed the requirement for women to wear pantyhose as part of my new company’s dress code.

As of October 9, 2018, the New York state ban on sex stereotyping requires every employer to ensure that their dress code is gender neutral at minimum to the extent that it’s free from sex stereotyping.  In other words: the dress code example for women above is now not compliant for NYS employers.

Here’s the case study recommended for training managers and employees to convey that sex stereotyping is now against the law:

Example 6: An Issue about Appearances

Leonard works as a clerk typist for a large employer. He likes to wear jewelry, and his attire frequently includes earrings and necklaces. His boss, Margaret, thinks it’s “weird” that, as a man,  Leonard wears jewelry and wants to be a clerical worker. She  frequently makes sarcastic comments to him about his appearance  and refers to him “jokingly” as her office boy. Leonard, who hopes  to develop his career in the area of customer relations, applies for  an open promotional position that would involve working in a “front  desk” area, where he would interact with the public. Margaret tells  Leonard that if he wants that job, he had better look “more normal”  or else wait for a promotion to mail room supervisor.

Question 1. Leonard’s boss is correct to tell him wearing jewelry is inappropriate for customer service positions.

FALSE: Leonard’s jewelry is only an issue because Margaret considers it  unusual for a man to wear such jewelry. Therefore, her comments to  Leonard constitute sex stereotyping.

Is your organization’s dress code policy compliant with the NYS ban on sex stereotyping in business and at work?