If you choose a job that may have a dress code that could require you to wear a revealing uniform, such as in a casino, then the employer is legally allowed to set this as a requirement.
This is because part of the image for those frequenting casinos is expecting workers to wear a revealing uniform.
Being told you have to wear a revealing uniform when there is no legitimate business reason for doing so could constitute being sexually harassed.
If you believe that your employer's dress code has led to sexual harassment and violation of your workers’ rights, you should contact your state department of labor or an employment lawyer to discuss what you should do next.
What Is Required of an Employer?
Employers do have some control over their employees' appearance, as long as this doesn’t mean that some employees are treated differently than others.
The commonest example could be a MacDonald’s restaurant where all employees are required to wear the standard uniform.
In fact, the hospitality industry commonly does request some form of dress code, but it should not end up discriminating against certain employees.
It is very common, for example, for an employer to require his/her employees to wear a uniform so that all employees appear uniform in appearance.
You can dispute your employer’s demands if it makes you feel unsafe or uncomfortable in what you are required to wear. If it is just your gender that is required to meet a stipulated dress code then you may have grounds to file a complaint for sexual discrimination.
This isn’t the case if you are working in a casino or other establishment which requires a certain dress code depending on your gender.
What You Should Do if Your Employer Enforces Sexual Discrimination
As with most workplace issues, the first thing you should do if you believe you have been a victim of sexual discrimination is to tell your supervisor and report the incident to your employer’s HR department.
This should be done in writing either by email or letter. At this point you should start recording any of your letters or emails which you can use as evidence if needed later on.
If your communication is taken seriously by your employer then you can hope that the matter of sexual discrimination should be resolved without having to take it to the next step.
Gather Evidence to Support your Claim of Sexual Discrimination
If your employer fails to respond to your complaint about sexual discrimination, you can move on to the next step, which is filing a complaint with a government agency, such as the Equal Employment Opportunity Commission (EEOC), or your state’s Fair Employment Practices Agency.
These do vary from state to state, so for example in California, the body is called the Department of Fair Employment and Housing (DFEH). You will need to provide good evidence to support your sexual discrimination claim such as:
- written reports by witnesses who observed the sexual discrimination;
- video footage taken by surveillance cameras positioned in different places around your workplace;
- physical and digital evidence like phone messages demanding you conform with the dress code.
At this point you should inform your employer about the complaint you are intending to file about sexual discrimination.
You employer doesn’t have the right to retaliate. However, you will need to know what the statute of limitation is for your state. If you are filing a complaint with the EEOC you will be given up to 300 days to do so from the “last act” of discrimination.
If, after evaluating your evidence, the government agency considers you have been the subject of sexual discrimination, it might issue you with a letter saying you have a “Right-to-Sue.”
If the sexual discrimination goes to trial you can testify as a witness and provide evidence supporting your claim. Even if the investigation or hearing eventually decides that discrimination hasn’t taken place, your employer is not allowed to retaliate in any way, like dismiss you for your complaint about sexual discrimination
Get a Free Evaluation Today
If you are not sure what to do about your employer’s sexual discrimination and your supervisor or HR department hasn’t responded to your complaint you should consider getting your case evaluated by an experienced employment lawyer who can compile your case and act on your behalf to win compensation for sexual discrimination you did not deserve.
