The Workplace Fashion Police

Do you remember the viral moment when ABC News reporter Will Reeve appeared on a Good Morning America segment wearing a suit jacket, button down shirt, and…shorts? ????

There were countless moments like this early in the pandemic, which has led to a huge shift in how we dress at work. I don't know about you, but I'm all about comfort these days, and I'm not alone - according to a report from IWG (International Workplace Group), 79% of workers surveyed say that they dress differently now due to flexible work schedules, with 53% of hybrid workers choosing outfits that will allow them to toggle between professional and personal tasks.?

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As our attitudes toward work-appropriate clothing have shifted, so, too, have requirements about dress at work. One analysis of 27,000 job postings by Adzuna found an increase in posts mentioning a casual dress code from 2019-2022, and a corresponding decrease in posts referencing business casual during the same time period. However, there are generational differences in shifting attitudes, with Millennials being quickest to adapt their style and Boomers showing the least change.

This is not surprising when most employees still perceive that what you wear to work reflects your title and role, and there is pressure to "dress the part ." At the same time, it's important to remember that dressing the part also impacts how we see and feel ourselves, and having the flexibility to express ourselves through our attire is important for our mental health and wellbeing as well as our sense of belonging in the workplace. According to analyses published by both Forbes and Harvard Business Review , belonging is good for both employees and employers.

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So what does this shift in work-appropriate dress have to do with boundaries? Consider the following situations. A male supervisor is asked to address a female employee about wearing a "revealing" outfit. An older, more conservative female supervisor is concerned about her younger female employee who wears midriff shirts and yoga pants to meetings with external partners. An employee complains to HR about another employee wearing religious headwear at work. A young lawyer from a low-income background gets their first Big Law job is advised to wear pricey suits and shoes. Or, to hearken back to our opening example, an employee on a virtual meeting accidentally reveals that they are in their underwear.

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All of these examples illustrate the various boundaries around self-expression and identity that influence how we show up at work. They also illustrate how dress codes can affect diversity, equity, and inclusion in the workplace in the way they address gender, culture, religion, and other aspects of our identity. A good dress code is culturally sensitive, reduces bias, and fosters a culture of empowerment and respect.

What boundaries are at play?

Dress codes implicate a number of boundaries, including physical (how we dress), mental (how we perceive professional traits about ourselves and others), emotional (how we feel as both a cause and effect of our attire), and resource (what kind of clothing we can afford). But the one I want to focus on is the boundary of identity.

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A boundary of identity is both how we distinguish ourselves from others and how we exist within a collective. Identity boundaries are shaped by our background, experience, culture, and group affiliation, among other things.?

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For employees, this boundary is about what makes us feel our best - most comfortable, productive, and at ease - and how to assert that identity in spaces where everyone else is trying to do the same thing. For employers, this boundary is about the image of the organization and, in some sectors, may be about employee safety, uniformity, or customer service.

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What policies are at play?

There are a number of tips for drafting inclusive dress code policies , and these are backed by law. Important legal and policy considerations include:

• Title VII of the Civil Rights Act of 1964: Dress codes must not discriminate against employees in protected classes, including race, religion, and sexual orientation or gender identity. There are a number of legal cases upholding these protections, and several states also have protections.
• Americans with Disabilities Act (ADA): Employers must make reasonable accommodations for employees with disabilities.
• National Labor Relations Act. This law protects employee rights to wear union insignia, and to talk about the terms and conditions of employment, and that includes dress code requirements.
• The CROWN Act: The Creating a Respectful and Open World for Natural Hair Act has been enacted in 24 states. While race-based discrimination is prohibited in the workplace, that doesn't mean there aren't any loopholes, and discrimination for markers of race, culture, and gender, like hair, still occurs. Laws like the CROWN Act strengthen protections against hair-based discrimination.

The Equal Employment Opportunity Commission (EEOC) has issued guidance for employers on dress codes, and plays an important role in investigating complaints of discrimination and enforcing non-discrimination laws.

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Bottom line: inclusive dress code policies should be flexible, clear, gender neutral, and respectful of cultural, religious, and personal preferences. Importantly, they should also be simple (so no 44-page dress codes , okay?). A good dress code policy strikes a balance between the employee's right to self-expression and the employer's right to set boundaries in the workplace.

Who is most impacted?

While I've already made note of a couple of issues, including financial burden and generational differences, it's important to note that women, people of color, and LGBTQ+ people in the workplace are most impacted by poorly drafted dress codes. Laws like the CROWN Act exist because discrimination exists: in one survey commissioned by LinkedIn and Dove , 25% of Black women ages 25 to 34 surveyed said they were sent home from work because of their hair. And in a 2018 study by the Human Rights Campaign, A Workplace Divided , 1 in 5 LGBTQ workers have been told or had coworkers imply that they should dress more feminine or masculine, compared to 1 in 24 non-LGBTQ workers.

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And while this post is about the workplace, let's not forget that schools are the pipeline that groom us for workplace expectations. A study published in 2022 by the Government Accountability Office (GAO) found that clothing associated with girls is policed more than clothing associated with boys and that schools with strict dress codes predominantly enroll Black and Hispanic students, who are also subject to higher rates of discipline for dress code violations. In the same GAO study, it was noted that "None of the dress codes we reviewed with sex-based rules explicitly protect transgender or nonbinary students’ ability to dress according to their gender identity."

What can you do with this information?

Employees

• Know Your Rights: Understand your company's dress code policy and your legal rights regarding workplace attire.
• Communicate Concerns: If you feel the dress code is unfair or discriminatory, communicate your concerns to HR or management.
• Check your own bias. Understand how your own beliefs, values, and background shape how you define workplace appropriate attire.

Employers

• Engage Employees: Involve employees in discussions about dress code policies to gather diverse perspectives and promote buy-in.
• Provide Training: Educate managers and employees on the importance of an inclusive dress code and how it supports DEI initiatives and facilitates compliance with the law.
• Be realistic. Dress codes should reflect business needs and functions, and otherwise should relate to your organizational culture.

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One of the most important questions we can ask to really consider dress codes through an equity lens is who gets to decide dress codes, anyway? There's plenty of data across industries about how leadership fails to reflect the diversity of the workforce or of the people served. Some leaders may be out of touch with shifting trends and norms for their workforce. Leaders should make space for employees to inform the drafting and implementation of any dress code, which can create ownership while also fostering respect and inclusion.

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