
I'm in HR, and post-pandemic finding it hard to get employees to dress properly. Can I force a dress code? Ask Soma
What rights do companies have when it comes to this issue, and what are the pitfalls?
A: As you know, remote work options during the pandemic offered employees flexibility when it came to how they presented themselves.
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The shift back to in-person work is still an adjustment for many, and there appears to have been a cultural shiftin what is considered acceptable dress at the office.
I recently read an article about the 'office siren' look gaining traction in corporate culture, which allows for bold colours and statement jewelry for women, while still maintaining a professional look.
Similarly, there is a lot of discussion about male grooming of facial hair, or lack thereof, and the lack of ties.
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However, employers still have the right to enforce dress code policies.
And employees are still required to adhere to them — as long as they are justifiable and do not violate Human Rights legislation.
The Ontario Human Rights Commission (OHRC) outlines that dress code rules must be applied fairly.
Additionally, the OHRC also has a checklist to help employers ensure that their dress codes are consistent with the Ontario Human Rights Code protections relating to sex and gender.
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The following points outline what a dress code policy should consist of, according to the government agency:
• Allow for a range of dress/uniform options, for all staff in all front-of-house positions.
• Not require staff to wear sexualized, revealing or gender-stereotypical clothing.
• Make sure that all staff can choose from clothing options, including pants, that are comparable in terms of style, comfort, practicality and coverage, regardless of sex or gender.
• Offer uniform sizes that fit a wide range of body types.
• Not include grooming or appearance rules or expectations for women that are more onerous than those for men, or that are sexualized or based on stereotypical ideas of female attractiveness.
• Allow for a range of hairstyles, and not require a specific hairstyle unless it is a legitimate requirement of the job (e.g. food preparation).
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• Include processes for handling dress code-related accommodation requests and complaints.
If you do not yet have a dress code policy, drafting one would be the first step.
You have a right to determine and define what 'professional' means in your work environment.
Specify the articles of clothing that are considered not acceptable.
For example, T-shirts with logos, denim, lowrise pants, baseball caps, running shoes, miniskirts, tank tops, and flip flops are typical things that are prohibited in most office environments.
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The policy should also explain the reason for this dress code in clear language.
If your company already has a detailed policy, consider sending out a general reminder via email to all employees.
However, if you find that specific employees continuously are not following dress code rules, approach them one on one in a private manner.
A simple conversation could resolve this matter.
It is important to also be open to employee feedback regarding the policy.
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