Appearance standards must be neutral, adopted for nondiscriminatory reasons, and consistently applied. When crafting dress codes or appearance policies that address offensive or inappropriate attire, keep in mind that this area of employment law continues to evolve and remains subject to legal scrutiny. While an employer may lawfully ban ‘offensive’ or ‘inappropriate’ clothing in the workplace, applying those subjective terms must be done consistently to avoid discrimination claims. If an employer chooses to create exceptions instead of “banning” all logos, only allowing company logos, or embracing all forms of personal expression, it is recommended that all exceptions are explicitly written in policy format.
