EMPLOYEE APPEARANCE POLICIES AND TITLE VII: NEW CHALLENGES FOR SEX DIFFERENTIATED STANDARDS

This article examines federal court rulings that may limit an employer’s ability to impose organizational appearance policies/dress codes. We focus on allegations that such policies unlawfully discriminate against individual employees on thebasis of their race, religion, sex, or national origin (ethnicity). The newest tactic involves the use of sex stereotyping to challenge employment policies differentiating “male” behavior and “female” behavior in the workplace. A Ninth Circuit Court of Appeals ruling, Jespersen v. Harrah’s Operating Company, Inc., suggests that federal courts may still permit employers to set standards for their employees, even if those standards differ for male and female employees, provided that certain conditions have first been met.