Addressing Inappropriate Summertime Dress

 

Reprinted from MANAGER'S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through scenarios based on real-life cases. Click here to view a sample issue, get more information, or sign up for a risk-free subscription.

 

As temperatures rise outdoors, so, too, may pant and skirt lengths, as employees begin donning summer attire.  Some employees will take it to the extreme and violate the organization's dress code.  Take a look at the following scenario to learn how to set such violators straight, with a minimum of drama and discomfort.

 

Casual Duds Warrant Intervention

Operations manager Horace Feldman appeared in HR manager Joan Wright's office doorway.  "Joan?  Do you have a minute?  I need your help."

 

"Sure, Horace.  What's the problem?"

 

"You know our latest hire, Tiffany Combs?  Great worker, smart as a whip, but…ever since the weather turned hot, she's been coming into work looking more like she's going to the beach or a picnic!  Shorts, flip-flops, tank tops…each outfit must violate our corporate dress code in multiple ways.  I don't know what to do!"

 

"Well, have you talked to Tiffany about this, Horace?" Wright asked.

 

"Um, no.  I thought it might be inappropriate for me, as a gentleman, to discuss wardrobe options with a young lady under my supervision.  I wouldn't want her to get the wrong idea and cry 'sexual harassment'!  That's why I'm here.  I thought you should talk to her, instead!"

 

Wright shook her head.  "No, Horace.  As her manager, you need to be the one to address this situation, right away.  If you do it in a professional manner, it won't matter that you're a male manager and she's a female employee.  Let me help you prepare for your discussion with Tiffany."

 

Conversation Warrants Preparation

First, Wright went over the organization's dress code policy with Feldman, since the manager needed to be sure about what was/was not acceptable dress in order to relay the company's standards to the employee.

 

Next, Wright offered Feldman the following advice for talking to Combs.

 

Don't make it personal.  Refer the employee to the dress code policy to demonstrate that you aren't making a personal judgment about the employee's appearance, but rather you are simply fulfilling your duty as a manager to enforce the organization's policies.

 

Example: "Tiffany, I'm afraid your work attire today is unacceptable, as you can see from the standards set out right here in our organization's dress code."

 

Do be direct.  Don't just tell an employee that they are dressed "inappropriately" or "too casually" and leave it at that.  State exactly what the issue is.

 

Examples: "Stomachs may not be exposed."  "Your top is too low and shows too much cleavage."  "Hats may not be worn indoors."

 

Refrain from making disparaging remarks.  Explain how a particular item of clothing violates the dress code policy, but don't pass unnecessary judgment on it (or on the employee). 

 

Example: A skirt that is too short should be described as "too revealing" rather than "trashy-looking."

 

Prepare for rebuttal.  A common employee response: "The dress code doesn't say anything about not wearing [flip-flops/tank tops/baseball hats]."  Your response: "The policy is intended as guidance only.  The company cannot possibly list every piece of unacceptable clothing."

 

Another common rebuttal: "But it's summer!"  Your response should be: "Regardless of the weather outside, our dress code policy remains in effect year-round, absent extenuating circumstances."  An example of an extenuating circumstance is an employee with a broken foot who must wear sneakers to get around.

 

If your organization does have a "summer casual" dress code, explain that lowered dress standards aren't the same as no dress standards at all, and explain how the lowered standards are still being violated.

 

Decide how to remedy the situation.  Feldman needs to consider what to do about the immediate issue of an inappropriately dressed employee in the workplace: Can the employee throw on a sweater, or should the employee go home and change?

 

He also needs to consider the bigger picture of preventing a recurrence: Is it enough to give an informal warning that future violations will trigger the discipline process, or is it time to issue a written warning?

 

Enforce the dress code consistently.  Wright asked Feldman to think about whether any other employees have dressed similarly to Combs, and what he did about it.  If he has given casually dressed male employees the benefit of an informal warning, then giving Combs a formal written warning could result in a charge of sex discrimination.  If Feldman is setting a precedent with Combs, then, going forward, the manager must be prepared to treat other employees similarly.