The BAD Old Days

[Since1982]

This is an example of how things HAVE changed just since 1980 when this was issued. It was recorded in 2003 for an example of discrimination.

Sex discrimination in dress and appearance (December 1, 2003)



Issue: Your organization is rethinking the dress code section of its employee handbook. In the past, the handbook only concerned itself with what it labeled as "appropriateness." Now you want to make sure it also addresses any practices that could be considered discriminatory to males or females. What law should guide your policy?

Answer: The Equal Employment Opportunity Commission's (EEOC) Compliance Manual, Sec. 619.4(d) identifies the circumstances under which differing dress and appearance requirements for men and women will not violate the law; otherwise, application of a rule to one sex without imposing an equivalent requirement on the other sex is discriminatory.

Examples from EEOC cases:
No cross dressing. The discharge of a male employee who was dressing as a woman in preparation for a sex-change operation was not discrimination based on sex. The employee was a man at the time he started wearing female clothing and the employer refused to permit such behavior.
No jewelry for men. Requiring a male loan counselor to remove his earring while at work while allowing females to wear earrings was not sex discrimination. A court reasoned that the employer was free to enforce minor sex-based distinctions in dress and grooming codes in order to protect its business image.
Woman's skirt length. A public school district did not violate a female teacher's constitutional rights when it refused to renew her contract because she wore short skirts. Although the court found that the teacher's skirt length was comparable to dresses worn by young, respectable professional women of the period, it decided that the school district was not motivated by anything other than a legitimate school concern. The termination was upheld.
Men's neckties and women's skirts / dresses. Requirements that men wear ties and women wear skirts or dresses have generally been viewed as equivalent standards (EEOC Compliance Manual, Sec. 619.4(d)). However, employers must keep in mind that such rules cannot impose a greater burden on one sex than the other.
Provocative outfits for women / suits for men. A requirement that a lobby hostess wear sexually provocative outfits that made her the target of derogatory comments and inhibited, rather than facilitated, performance of her job duties was sexually discriminatory where men performing similar job functions wore suits.
Smocks for women / suits for men. A requirement that women sales clerks wear smocks while men wear business attire constituted unlawful sex discrimination.
No shorts for women / no tank tops for men. A prohibition on women wearing shorts and men wearing tank tops while working on a production line is an equivalent standard (EEOC Compliance Manual, Sec. 619.4(d)).

[Big and Bashful]

Skip,
What countries EOC was that from?

[Kris]

Skip, just so we understand, the content there is all from 1980, not 2003. So these are examples of what the EOC (USA) said in 1980. Do we have a similar set of contemporary examples?

Kris

[Since1982]

Yes, from 1980, I was just pointing out how much it's changed in 29 years. I believe, unlike a lot of naysayers, that it will continue to change even faster than it has already. Currently we have members who work in offices skirted. I don't mean offices like Utilikilt incorporated either. We have a private contractor that works outside every day wearing mini-kilts and other mini-skirts (mini-skirts to most of us, probably not to him). This is revolutionary and wonderful. I live my life skirted in the sun, I shop, drive and go play Bingo weekly in the winter and go gamble at the Miccosukie Hotel and Casino in Miami every few months and I don't even have a pair of trousers in the van. I think about what I'm going to wear before I go anywhere instead of just hopping in the nearest pair of pants like I used to do.

Life is great, I just wish this had all happened 50 years ago and I could have been skirted for life. You young guys have a terrific experience ahead of you. What a wonderful future you have. A society that accepts men in skirts as a normal thing. WOW

Do we have a similar set of contemporary examples?

I don't, I'm sure there's that kind of information on the web somewhere though

[Bob]

Thanks for posting that, Skip.