Tag archives: dress code

Dress code in the workplace

South Africa has no formal guidelines or regulations canvassing the often controversial topic of office dress code. However both the Employment Equity Act of 1998 (EEA) and the Labour Relations Act No 66 of 1995 (LRA) contain provisions outlawing discrimination and dismissals related to discrimination. What is deemed appropriate will be dictated by the industry and the individual nuances of the company itself but is always subject to anti-discrimination laws. Companies are permitted to introduce a company policy in respect of grooming and clothing standards required by employees in the workplace. This policy may be required … Continue Reading

Regulation applicable to dress codes in the workplace in France

An individual freedom…

Generally speaking, employees are free to choose how they wish to dress, including in the workplace. Such freedom is protected by the rules of the French labor code, which provide that an employer may not restrict an employee’s work clothing without proper justification based on the nature of the tasks to be performed and that any such restrictions must be in proportion to the goal sought.

…which can be limited under certain circumstances

However, the freedom to dress as one wishes does not fall within the category of fundamental liberties and therefore it may be limited in … Continue Reading

Headwinds and headscarves – Charting a prudent course for employers in the wake of EEOC v. Abercrombie & Fitch

On June 1, 2015, the Supreme Court of the United States, in EEOC v. Abercrombie & Fitch Stores, Inc., held that an employer need not have actual knowledge of the need for religious accommodation to be liable for a hiring decision if the employer refuses to accommodate a perceived need for a religious accommodation. The high court ruled that it is unlawful for an employer to refuse to hire an applicant if a “motivating factor” for the decision is the employer’s unwillingness to provide the applicant with an accommodation that the employer perceives the applicant needs for religious reasons.… Continue Reading