Workplace Dress Codes are Legal – With Some Caveats
In assisting employers operating in many different types of industries – from small medical offices to much larger companies – we are often asked to help prepare an employee manual or employee handbook. Quite often, one of the first topics employers inquire about is include an employee dress code, as many employers believe they are free to impose any rules they deem necessary to protect their company’s image. In fact, this is generally permitted in that employers can insist on establishing a strict dress code to protect their brand or reputation, but that discretion is not unfettered and there are legal limitations, including under the Ontario Human Rights Code.
What is a Workplace Dress Code?
An employee dress code is a policy that allows an employer to set expectations and rules around what employees are permitted (and prohibited) to wear while at work, with the main objective to protect the image it wants the company to convey to the public. Typically, dress codes will state that all employees are expected to dress professionally, and prohibited employees from anything that is too revealing or inappropriate (e.g., shorts). Likewise, a dress may require employees to ensure they wear a clean attire and not wear clothes with rips, tears or holes, or any attire with offensive or inappropriate drawings or sayings.
Are there Limits to Workplace Dress Codes?
Generally, workplace dress codes are legal in Ontario, but only if they follow important requirements.
- A workplace dress code must comply with the Ontario Human Rights Code: This means that, unless there is a bona fide occupational requirement (or good legal reasons), a workplace dress code cannot discriminate against employees (treat anyone differently or unequally) based on protected grounds, such as their sex, gender identity, race, colour, ethnicity, place of origin, age, disability, or religion. For example, a dress code that only applies to women or requires them to wear revealing clothing would likely be discriminatory, as would a workplace dress code that prohibits employees from wearing any head coverings. Similarly, a dress code cannot Be sexualized or reinforce gender stereotypes, nor can it be more restrictive for one group of people as opposed to others (e.g., male vs female, old vs. young, etc.).
- A workplace dress code must be justified: The dress code must be related to a legitimate business purpose, such as safety, professionalism, or hygiene. For example, a construction company requiring workers to wear hard hats and steel-toed boots is justified for safety reasons.
- A workplace dress code must be applied fairly and consistently: All employees in similar positions should be subject to the same dress code rules. Likewise, a workplace dress code must follow health and safety considerations, and some of its rules may justified for safety reasons, such as requiring personal protective equipment in hazardous workplaces.
- A workplace dress code must allow for reasonable accommodation: Employers must be willing to be flexible by making reasonable accommodations for employees who have religious beliefs or other reasons protected by the Human Rights Code that conflicts with the dress code, unless doing so would cause the company undue hardship. For example, an employee who wears a head covering for religious reasons should not be prohibited from wearing it at work. In other words, an employer enforcing its dress code offer reasonable accommodations.
If you are an employee who believes you were wrongfully dismissed from your employment without a fair severance package, or are experiencing workplace hostility or other difficulties, please call today to discuss your options and next steps on how to deal with a wrongful dismissal. As an employment law firm in Toronto, Bune Law has reviewed and negotiated improvements to many severance packages. You will review and get guidance on your severance package before you agree to sign any termination documents, and help ensure that your severance package is fair and reasonable.