Partner
When Dress Code Policies Cross the Line
Amina worked at a front desk in Midtown. The dress code was “professional,” but her manager said her long sleeves and headscarf made her look “unapproachable.” When she wore more colorful outfits that respected her faith, she was pulled aside again — this time, told her clothing was “too distracting.” Amina followed the rules, but her appearance was always under scrutiny.
In New York City, dress code policies can exist, but they must comply with the law. That means they can’t be enforced in ways that discriminate based on religion, gender, race, disability, or other protected traits. If you’ve been targeted for what you wear, your employer may be crossing a legal line.
Dress Codes Are Legal — Within Limits
New York employers generally have the right to set dress code policies, especially when they relate to safety, professionalism, or branding. For example, restaurants may require staff to wear black, or factories may require protective clothing.
However, dress codes cannot be discriminatory. Under the New York City Human Rights Law, employers may not:
- Impose dress standards based on gender stereotypes
- Refuse religious or cultural accommodations without justification
- Apply the dress code unevenly across employees
- Punish employees who request modifications based on disability, pregnancy, or religious beliefs
A policy that seems neutral on paper can still be illegal if it’s enforced unfairly or used to target certain groups.
Common Legal Issues with Dress Codes
Here are a few scenarios where dress codes may trigger legal claims in NYC:
1. Religious Discrimination
If an employee’s religious practice involves head coverings, modest dress, or facial hair, employers must make reasonable accommodations — unless doing so creates an undue hardship. Blanket bans on “hats,” “beards,” or “long skirts” could be challenged if they prevent religious expression.
2. Gender Stereotyping
Requiring women to wear makeup, heels, or dresses while men are only expected to look “neat” may be seen as gender-based discrimination. Dress codes can have standards, but they must be applied without relying on outdated gender norms.
3. Race-Based Appearance Policies
Policies that target natural hairstyles, braids, locs, or cultural attire may violate NYC law. The city specifically protects against hair discrimination under the CROWN Act, recognizing that these policies often disproportionately affect Black employees.
4. Disability or Medical Conditions
Dress code rules may need to be modified if an employee has a medical condition that affects what they can safely or comfortably wear. This includes allergies, skin sensitivities, or the need for adaptive clothing.
What Employees Can Do
If you believe you’re being treated unfairly due to your appearance, start by:
- Documenting each incident — note who said what, when, and how it was framed
- Reviewing the written dress code (if available) and comparing how it’s enforced cross employees
- Submitting a request in writing for accommodation if your dress or grooming needs are based on religion or disability
- Reaching out to an employment attorney if your employer refuses to budge or retaliates
You don’t need to “just go along with it” if the rules are being used to shame or exclude you.
Looking Professional Shouldn’t Mean Losing Your Identity
You can meet workplace expectations and express who you are, whether through religious clothing, natural hairstyles, or gender expression. If your employer is crossing the line with dress code enforcement, turn to Lipsky Lowe. We’ll help you protect your rights and your dignity.
Contact us today to get started