Do employers have a right to impose a dress code...

Mise

isle of lucy
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...and if so, what can they reasonably demand of their employees? Piercings? Tattoos? Headscarves? Crosses? Do people have a right to wear these things to work? Do employers have a right to impose a dress code that forbids e.g. religious jewellery, such as crosses?

To me, this is one of those rare situations where the usual "conservative vs liberal" lines fall apart. As a liberal, I think that people should have a right to wear those things in the workplace. It's pretty easy for me to say that this includes religious adornments, such as crosses and headscarves, as well as things like tattooes, piercings, and unorthodox clothing. I'd love to turn up to work tomorrow wearing comfortable, casual clothes like jeans and a t-shirt; I see guys who work in IT or creative industries wearing casual clothes and I don't see why I can't also do that. We have "casual Fridays" at work, and nobody bats an eyelid. Nobody thinks, "wow, that company is worthless - look at all those people not wearing suits!"

Anyway this has quickly turned into a rant against business attire. I really wanted to talk about the problems that conservatives and liberals face here. I feel that conservatives have a tough time answering this question, for two reasons. First, the easy part. They would surely want people to have the right to wear religious adornments at work. So crosses, headscarves, jewish hat things, whatever. But isn't this "special treatment" for minorities? (The minority of people who want to wear religious adornments to work, that is.) If religious people are allowed to wear things against their employers' wishes, surely non-religious people should be afforded the same rights? What's the difference, pertinently, between a necklace with the cross on it and a necklace with a skull on it? Is it right for certain religions to be given special treatment? Don't conservatives typically hate it when, say, Muslims or other minorities are afforded special treatment by employers, schools, governments, and so on?

Second, what about the employers' rights? Don't conservatives typically believe that the employer has a right to define the rules of work? Don't conservatives typically hate the kind of beaurocracy and red tape that will be the inevitable consequence of rules like this? Speaking as a conservative, if you make a special case for religion, what's to stop, say, rastafarians or "Jedis" from rocking up in dreadlocks or inventing rules about their religion in order to get special favours that were intended for genuinely religious people? You would have to make up new laws and have new HR policies, with an army of beaurocrats and compliance officers to oversee them all. It would be a nightmare. And, for many conservatives, the beaurocracy involved with anti-discrimination in general is already too much. Indeed, the idea that the employer has a right to hire and fire based on any metric they like is pretty central to many conservatives. Typically, when "the right of the individual" does battle with "the right of the employer/big business", conservatives side with big business; they don't want to impose needless costs on businesses, when those costs could be shouldered by the individual instead.

Now, it's not just conservatives that have a hard time. And it's not as though there is no way out of this quandry. Liberals have a hard time, too. Do they side with big business, who they claim to hate? Or do they allow ostentatious displays of religious faith in schools, courts, and government buildings?

Liberals who think that people should be allowed to wear what they want have a problem of where to draw the line, too. I don't have a satisfactory answer to that, incidentally - I think that people should be allowed to wear casual clothes to work, but I think that there ought to be a line nonetheless. Is that because I'm prejudiced against, for example, juggaloes or nudists? I don't know, but I do know that this is problematic for my ideology.

It's certainly a quandry.
 
freedom of contract ftw.
 
if the employer decides to impose rules that the employee does not want to abide by, the employee can refuse to work for him/her. from the employer's point of view this is a negative because any potential takers for a job lower the wage that the employer pays for the person who is eventually hired (e.g. if 3 people are applying for a job, the 4th has to accept a lower wage than the earlier three to have any chance of getting the job). the interests of employer and employee are both served and any compromises between the two form naturally from the push-pull dynamic between the two.

say that you have a society in which 99% of companies refuse to employ muslims on the basis of a dress code. the first company to start employing muslims gets to profit from ridiculously low wage labor. of course, the situation doesn't persist for long, because more people will want to rake in such profits. before long the situation will stabilize into an equilibrium where the actual merit of employees to the job they do warrants their payment, not their ethnicity.

if employers find out that using a dress code improves their profits, intervening under the auspices of "rights protection" comes at a penalty to business efficiency. i think that is a very dubious thing. better to let employees and employers incur the cost of that efficiency malus themselves so they can decide for themselves whether their "stubbornness" is worth the money it drains from them.
 
I think that this problem will eventually be solved the worst way possible. I predict a department that decides which religions are "real" will be created. Have fun with that once it happens :mischief:

My religion requires that I wear an adult diaper and *nothing else* whenever I show up in public. I made it up last weekend and demand my rights!
 
if the employer decides to impose rules that the employee does not want to abide by, the employee can refuse to work for him/her. from the employer's point of view this is a negative because any potential takers for a job lower the wage that the employer pays for the person who is eventually hired (e.g. if 3 people are applying for a job, the 4th has to accept a lower wage than the earlier three to have any chance of getting the job). the interests of employer and employee are both served and any compromises between the two form naturally from the push-pull dynamic between the two.

say that you have a society in which 99% of companies refuse to employ muslims on the basis of a dress code. the first company to start employing muslims gets to profit from ridiculously low wage labor. of course, the situation doesn't persist for long, because more people will want to rake in such profits. before long the situation will stabilize into an equilibrium where the actual merit of employees to the job they do warrants their payment, not their ethnicity.

if employers find out that using a dress code improves their profits, intervening under the auspices of "rights protection" comes at a penalty to business efficiency. i think that is a very dubious thing. better to let employees and employers incur the cost of that efficiency malus themselves so they can decide for themselves whether their "stubbornness" is worth the money it drains from them.

So, which Ayn Rand book is your favorite?
 
if the employer decides to impose rules that the employee does not want to abide by, the employee can refuse to work for him/her. from the employer's point of view this is a negative because any potential takers for a job lower the wage that the employer pays for the person who is eventually hired (e.g. if 3 people are applying for a job, the 4th has to accept a lower wage than the earlier three to have any chance of getting the job). the interests of employer and employee are both served and any compromises between the two form naturally from the push-pull dynamic between the two.

say that you have a society in which 99% of companies refuse to employ muslims on the basis of a dress code. the first company to start employing muslims gets to profit from ridiculously low wage labor. of course, the situation doesn't persist for long, because more people will want to rake in such profits. before long the situation will stabilize into an equilibrium where the actual merit of employees to the job they do warrants their payment, not their ethnicity.

if employers find out that using a dress code improves their profits, intervening under the auspices of "rights protection" comes at a penalty to business efficiency. i think that is a very dubious thing. better to let employees and employers incur the cost of that efficiency malus themselves so they can decide for themselves whether their "stubbornness" is worth the money it drains from them.

But we already know that what you're describing doesn't actually happen. I mean, it's just a factually incorrect bit of text. It's a theory that fails to stand up to what actually happens in practice. On the other hand, the threat of legal consequences for discrimination not only changes working practices, but also attitudes of employers, other employees and customers as well.

It's not an argument I want to get into, though, because, well, I know I'm right... :dunno:
 
It's not an argument I want to get into, though, because, well, I know I'm right... :dunno:

Laissez-faire extremism is just as silly as anything Stalin ever inflicted on the world. The sooner we can get everyone to agree on that the sooner we can get down to arguing exactly where on the mixed economy spectrum we should be.
 
One of the best things about my job, relatively rare in the public service and even in my department, is I can get away without wearing business trousers or shirts. They're uncomfortable, and unless I wanna fork out for custom made ones, the collars never fit my huge neck properly.

Down with the soft tyranny of appearances!
 
Sure, the employer has the right to enforce a dress code, given that it doesn't break any laws of the country the company's in. It only makes sense - especially for employees who interact with clients - you want them to look great and make a good impression, right?

For employees who usually don't interact with clients (programmers, etc.) it doesn't really make sense and it probably lowers efficiency (I would never take a job where I'm required to wear a suit and/or tie. I would feel crappy throughout the day and get less done).. but if the company wants to have a dress code for those people anyway? Why not?

Religious exemptions for dress code are one of those "I have to wear a silly hat cause a couple thousand years ago it was decided so by a man who talked to a tree" things, so whatever. People feel very strongly about that crap, so let them wear their silly hats.
 
What kind of clothes is it expected that engineers and other people who are usually never seen by customers, to wear?

Here in Norway there are normally no restrictions(except in the banking sector), but I've heard that in other countries it's different.

edit: I fear this discussion might branch into two paralell ones. One with the religious aspect and another more general one.
 
Of course the person who signs your paycheck can tell you his/her standards of appearance to represent his business/agency/etc...

How is that even a serious question?

I work for the fed, and I have to wear a damn tie... I see NO ONE all day, other than my colleagues and computer sceen, but must wear a tie. It's absolutely ********, but, I want a paycheck, so I comply.

Maybe I should set up a live streaming of myself from my desk so you all can watch me pound my replies while "foaming at the mouth" in obvious fits of psychosis.
 
It's a question in the UK because the government is currently defending itself in the European Court of Human Rights against accusations that it doesn't offer sufficient protections for religious groups, viz. that Christian employees have no legal right to wear the cross to work.

edit: x-post with Lillefix. What the Telegraph article says, except be wary of its bias.
 
Do employers have a right to impose a dress code...

Yes, if the dress code is too strict then nobody will work for them.

...and if so, what can they reasonably demand of their employees?

Are we talking a programmer or warehouse/factory job where they are only seen by coworkers or are we talking a bank teller or other job that deals with the public often?

Piercings? Tattoos?

Jewelry removed and tattoos covered up isn't unreasonable if dealing with public or safety concern (piercings catching on something). I have a warehouse job and only "offensive" tattoos need to be covered up. This is why you don't tattoo an obscenity on your forehead.

Headscarves? Crosses?

Depends how it is worn.

If you allow any headwear such as baseball caps then a headscarf worn like this is just slightly moving to banned headwear (but still allowed):

images


But worn like this picture below, it can be very close to, if not into banned territory:

images


Easier to just ban all headwear. My job allows headwear, haven't yet had any problems with headscarves (just offensive slogans on some baseball caps).

A cross (or any symbol) on a necklace I don't think is a big deal. An overly large one on a cowboy hat should be banned.

images


And if this is the guy I had to speak to, to purchase a car or get a bank loan I'd be walking out the door refusing to do business with him:

images


Anyway this has quickly turned into a rant against business attire. I really wanted to talk about the problems that conservatives and liberals face here.

Depends on the reasoning given. If someone wants to allow headscarves, even burkas but ban crosses in all forms, then I have yet to hear a good explanation for that. Burkas and headscarves and then crosses are all religious items but it's not so simple to say "all should be banned" (well I guess that would be the easiest way until you start deliberating every 't' could be interpreted as a cross) or the more typical liberal cry that "crosses are allowed because it's christain and headscarves and burkas are banned because it's muslim". Crosses almost never conceal any part of the face or head.

My work doesn't allow tank tops. Nobody wants to see or smell a guy's armpits and a woman wearing one can cause sexual tension which is considered a 'hostile working environment' (sexual harassment).
 
The questions are a bit tricky. I would say that there's a middle ground where compromise is necessary. I would think that an employer has some rights up to a point. Particularly where the employee is representing the company face to face with customers or other companies they do business with. In those cases there should be more latitude to the employer to designate appropriate dress. But there are limits to how far that should go. And discriminating against a group for dress that is common to that group is where that tends to break down.

We can, I think, leave aside dress restrictions in industrial settings where clothing is a health and safety issue.

However what about a sales setting? I've heard it said that (here anyways) you couldn't have a woman in a burkha as a store clerk because people would be uncomfortable not seeing her face. And you can't have someone who is not clean and presentable in food service, or the customers would be turned off.

So while I think there should be a middle ground, I also think there's a very large amount of "it depends" going on in the situation.


if the employer decides to impose rules that the employee does not want to abide by, the employee can refuse to work for him/her. from the employer's point of view this is a negative because any potential takers for a job lower the wage that the employer pays for the person who is eventually hired (e.g. if 3 people are applying for a job, the 4th has to accept a lower wage than the earlier three to have any chance of getting the job). the interests of employer and employee are both served and any compromises between the two form naturally from the push-pull dynamic between the two.

say that you have a society in which 99% of companies refuse to employ muslims on the basis of a dress code. the first company to start employing muslims gets to profit from ridiculously low wage labor. of course, the situation doesn't persist for long, because more people will want to rake in such profits. before long the situation will stabilize into an equilibrium where the actual merit of employees to the job they do warrants their payment, not their ethnicity.

if employers find out that using a dress code improves their profits, intervening under the auspices of "rights protection" comes at a penalty to business efficiency. i think that is a very dubious thing. better to let employees and employers incur the cost of that efficiency malus themselves so they can decide for themselves whether their "stubbornness" is worth the money it drains from them.


And yet that theory has failed to stop racial discrimination in hiring even 50 years after the laws were passed against it.
 
@Bamspeedy: The places where you have drawn the line for what's "reasonable" make sense to me, and reflect my own experiences. At what point should the government step in? For example, if someone wears a cross to work, but the employer tells him/her to take it off, can the employee take the employer to court? Or do you just suggest the employee get a new job or lose a few brownie points with the big guy? Does an employee have a legal right to wear certain things to work, or is there no limit to what the employer has a right to demand of their employees?



This may sound like a no brainer to an American, but in Europe, there are certain things that an employer can't fire an employee for. Their religion is one of them. Is it reasonable to assume that an employer that bans people from wearing crosses is discriminating illegally against Christians? Especially if the same employer allows Muslim women to wear headscarves, for example. Is that evidence that the employer is illegally discriminating against people on the basis of their religion?
 
It's a very serious question. It's up in Strasbourg at the moment.

http://www.telegraph.co.uk/news/rel...ht-to-wear-cross-at-work-says-Government.html

It's a question in the UK because the government is currently defending itself in the European Court of Human Rights against accusations that it doesn't offer sufficient protections for religious groups, viz. that Christian employees have no legal right to wear the cross to work.

edit: x-post with Lillefix. What the Telegraph article says, except be wary of its bias.

I feel obliged to present the other side of this story. The cases mentioned in the article are about jewellery in general, not crucifixes in particular. For the secularly biased response see here.
 
I feel obliged to present the other side of this story. The cases mentioned in the article are about jewellery in general, not crucifixes in particular. For the secularly biased response see here.
Personally I first read about it on a left wing blog, which pointed out pretty much what that article says. Though, to be honest, I didn't find it particularly compelling, and frankly, the fact that a left wing blog was siding with the interests of big business surprised me a lot. There's a "labour rights"/"unfair dismissal" angle that has been conspicuously ignored by the left wing blogosphere -- hence this thread.
 
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