Can my employer tell me what to wear at work?
Use this tool to compare your legal options if you've been discriminated against.
Your workplace can have a dress code or uniforms for employees.
A dress code sets the rules for what employees must wear at work. For example, there might be a rule that says workers cannot wear jeans to the office.
But dress codes and uniforms need to be fair and flexible for everyone. And this must be true for workers of all sexes, gender identities, gender expressions, races, ages, disabilities, and religions.
Discrimination
If your employer makes you dress in a way that’s against your human rights, it might be discrimination.
It might also be discrimination if you had to quit your job or were fired:
- because of the dress code, or
- because you acted on your rights.
Dress codes that are sexual or based on gender
Your employer should not expect you to wear “sexy” clothes at work, or to dress a certain way based on your gender. If they do, they must prove that you need to do this because it’s related to your job.
For example, most of the time, an employer cannot make female employees wear short skirts, low-cut tops, tight clothing, high heels, or makeup.
Employers also cannot use a dress code to discriminate against workers based on gender identity or gender expression. If your employer says you must dress a certain way based on what they expect of your sex or gender, this could be discriminatory.
Accommodation
The law says that your employer must do what they can to make things fair for you. This could mean doing things differently for you so that you’re treated equally. This is called accommodation.
Making things fair
Your employer must try to make things fair for you. They cannot refuse to accommodate you just because they think it will be hard or make other people unhappy.
Employers may have to change the dress code. Or they might have to agree that a worker does not have to follow the dress code.
For example, your employer might have a rule that says employees cannot wear hats at work. But if you wear a head covering as part of your religion, your employer may have to change the rule for you.
Undue hardship
But employers may not have to accommodate you if they can prove that it would: cost a lot of money, or make it unsafe to do the work. The law calls this undue hardship.
