Dress codes have long been a part of workplace culture, often intended to promote professionalism or brand consistency. However, many traditional policies have historically enforced different standards for men and women, such as requiring women to wear skirts or makeup and men to wear ties or have short hair.
These gendered dress codes have increasingly come under legal scrutiny, especially in a state like California, which has some of the strongest workplace anti-discrimination protections in the country. While California law still allows employers to have workplace dress codes, they typically cannot enforce gender-specific standards that treat employees differently based on sex, gender identity, or gender expression.
California Law on Dress Codes and Gender
In California, the primary legal protections come from the Fair Employment and Housing Act (FEHA) and California Government Codes 12940 to 12951. Under the FEHA, it is unlawful for an employer to discriminate against an employee based on sex, gender, gender identity, or gender expression.
Additionally, California Government Code 12926(r)(2) defines “gender expression” as “a person’s gender-related appearance or behavior, whether or not stereotypically associated with the person’s assigned sex at birth.” This means that dress codes or grooming standards cannot require employees to conform to gender stereotypes. For example, any policies that require female employees to wear makeup or skirts, or men to keep short hair and be clean-shaven could violate FEHA policies.
Impact of SB 396 and Transgender Protections
In 2017, California Senate Bill 396 expanded protections for gender identity and expression, making it clear that employees have the right to dress in a manner consistent with their gender identity or expression. This includes wearing clothing, hairstyles, and accessories typically associated with a particular gender, or choosing gender-neutral attire. Employers must also permit employees to use facilities and dress codes consistent with their gender identity, and they cannot discipline someone for doing so. If not, they could be subjected to a series of penalties and be vulnerable for gender discrimination lawsuits.
What Dress Codes Can Employers Still Enforce?
California law does not prohibit all workplace dress codes, but only those that discriminate or impose unequal burdens based on gender. Employers may still implement neutral, non-discriminatory dress and grooming standards that:
- Apply the same rules to all employees regardless of gender (e.g., “business casual” for everyone).
- Are tied to legitimate business needs, such as safety requirements for certain equipment or protective gear.
- Require cleanliness and professional appearance, so long as these standards are applied equally.
For example, a restaurant can require all staff to wear a specific uniform, but it cannot mandate different styles for male and female employees unless both options are offered to all genders without restriction.
When Do Gendered Dress Codes Cross the Line?
Dress codes become illegal when they enforce different standards based on gender stereotypes. If employers require gender-specific clothing without offering the same choice to all genders, or punish employees for dressing in accordance with their gender identity or expression, they could be breaking the law.
When employers impose unequal burdens, they can potentially create a series of workplace issues that can spiral out of control. From gender discrimination to creating a hostile work environment, it is vital that employees take the necessary steps in order to protect themselves from any unlawful treatment.
What Employees Can Do
If you believe your employer’s dress code discriminates based on gender, it is vital that you conduct yourself appropriately and take the following actions to ensure your rights are protected.
- Document the Policy – Keep a copy of the written dress code or notes on verbal instructions.
- Note Unequal Enforcement – Record examples where different standards are applied to different genders.
- Request a Policy Review – Raise the concern with HR or management, citing California’s FEHA protections and instances where different standards were applied.
- Seek Legal Advice – If the issue cannot be resolved internally, an employment law attorney can help assess whether the dress code is discriminatory and assist in pursuing a claim.
Call Lawyers for Justice, P.C. For a Free Consultation
While employers can still have dress and grooming policies, they must be gender-neutral and applied equally to everyone, regardless of gender identity or expression. If you have been subjected to unlawful discrimination at your workplace, you can file a claim to get the justice you deserve.
Lawyers for Justice, P.C. is a law firm with over 15 years of experience fighting for the rights of women and marginalized communities. With a commitment to delivering justice , the firm understands how impactful gender discrimination claims can be and are dedicated to helping clients with a personalized legal strategy for their case.
Take the first step to reclaim your rights today by calling 818-JUSTICE, or by filling out our online contact form for a free consultation!