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In the new “casual business” era, employee dress codes can be tricky, especially in the relaxed Pacific Northwest. On one hand, employees should have freedom and feel comfortable at work. But that can conflict with the need to maintain a professional business atmosphere and project an appropriate public image. Where should the line be drawn?

The line certainly shouldn’t be near the one drawn by Swiss bank UBS.  The global employer just announced plans to relax its world-record 44-page (that is not a typo) dress code. Presently, the dress code requires employees to wear only certain dark colors, because they “symbolize competence, the formality and seriousness.” Skirts and pants must be lean and form-fitting while also “providing sufficient amplitude.”

For women, the policy provides detailed instructions about how to apply makeup, what length of skirt to wear, what kind of perfume to wear, acceptable colors of stockings and nail polish, and a prohibition on showing roots if hair is colored.

Men receive instructions on the proper way to knot their ties (which must be “adapted to the morphology of the face”). They are told to keep their facial hair in check, and are required to get their hair cut monthly.

All employees are required to keep their eyeglasses clean at all times, wear wristwatches (to project a “concern for punctuality”), and to wear skin-colored underwear (no word on how compliance was verified).

Although UBS has not described the specific changes in store for its dress code on steroids, it will surely still be more strict than any here in the Portland-metro area.

The good news is that employers actually retain a lot of discretion in what they demand from employees in regard to clothing and appearance in the workplace. The key is to carefully draft and consistently enforce a reasonable dress code and grooming policy that doesn’t go overboard. As long as the dress code is based on business needs and is applied uniformly, it will generally be legally acceptable.

Employers will want to implement a dress code before an issue arises, or else an affected employee might be able to claim that the rule change unfairly targeted them. Here are some other tips:

• It is generally acceptable to require men and women to adhere to different dress and grooming codes; for example, allowing women to have longer hair but prohibiting such styles for men, or requiring men to wear neckties and women to wear makeup. However, the policy should regulate the appearance of men and women to the same degree.
• A professional dress code policy can reduce the likelihood of sexual harassment claims, because a common type of claim arises when provocative clothing leads to inappropriate comments or actions.
• Be ready to be flexible if an employee asks for an exception due to religious beliefs. Some require certain clothing to be worn at all times, or call for personal grooming standards that can conflict with those in a policy (such as longer hair or beards). It is not only a good idea to consider relaxing rules in these situations, but also may be required by federal and state law. An employee’s religious practices need to be accommodated when they do not cause an undue hardship, so employers will want to think long and hard (and probably seek legal advice) before denying a religious accommodation to a dress code.
• Dress code policies come in all flavors, and there is not one “correct” policy. Each one needs to be adapted to the particular work environment. Some workplaces will function with broad language requiring ‘professional’ dress at work, whereas others will need a more thorough description about what is acceptable in terms of dress, grooming and appearance.

Finally, like with all policies, the language is worthwhile only if management enforces the rules. Be sure that managers are trained to follow the company policy and not to ignore violations.

Rich Meneghello, the managing partner of the Portland office of Fisher & Phillips LLP, is dedicated to representing the interests of management. Contact him at 503-205-8044 or [email protected].