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Dress Code Issues in Nebraska Factory

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We have a factory worker in our Nebraska office that wears a sari to work. We have asked her to wear clothing that fits tighter because we are concerned about the sari getting caught up in the machinery, but she refuses, citing cultural issues. Can you please tell us what the law is in such a situation?

Yes. The law is that you can require your employees to wear clothing that is perhaps more suitable for the workplace if there are potential safety issues associated with wearing any types of clothing. Your employee is probably thinking about her Title VII rights, which state that employers may not discriminate against a person based on national origin. As part of this anti-discrimination clause, employers may not discriminate against a person that wears clothes that come from the national origin or cultural background of that employee. Title VII is a federal Act that applies to workplaces in states across the country, including Nebraska.

However, according to the Occupational Health and Safety Act (OSHA), which is administered by the Occupational Health and Safety Administration (also called OSHA), if there is a safety issue surrounding the choice of attire, then the employer may enact his OSHA rights to require the employee to wear safer clothing.

A sari would be a perfectly permissible outfit if the employee were to have an office job or any sort of job that did not require a close watch over loose clothing. However, if the employee is working around the machinery and if you worry about her sari getting caught in the machinery, then you should speak with the employee. If the employee refuses to change her attire for the workplace, then you have a right to discipline, terminate, or reassign the employee.

Make sure that when you make your dress code policy for your workplace, you take into account considerations that impact employees but that also relate to their anti-discrimination rights under Title VII. You may have to communicate clearly with your employees that the reason for the dress code policy has to do with OSHA regulations. Your dress code policy may not be discriminatory against certain types of clothing unless there is a situation that involves contact with the public (and the company wants to maintain a certain image) or unless the dress code was created for health and safety issues. CB