Human Resource Blog

Make up

Can an employer of an “Independant Contractor” require the contractor to wear make up to work even if the contractor may or may not see a client that day? It is rare that clients come into the office, however I know that wearing make up and being professionally put together in a sales position uplifts your mood, gives you confidence and motivation to sell. I tell all to dress professionaly and ready to shoot “videos” daily. They must be presentable for video shoots as well as looking professional for the emotional benefits. One of my contractors who works from my office daily says I can not make her wear make up. Please advise. Thank you.

Thanks for posting such an interesting question!! It raises a number of issues and we will explore all of them.

Does the employer have the right to require a female employee to dress professionally including being well groomed and wearing makeup? The answer is absolutely, yes. There are many occupations where looking professional is important and many employers would consider appropriately applied makeup as part of a polished, professional appearance. It is very common for sales professionals, real estate agents, flight attendants and even food servers or female bartenders to be required to wear makeup on the job. As long as you apply this dress code fairly to people of all races, colors, etc. it is perfectly legal.

Is the employer discriminating based on sex when she requires female but not male employees to wear makeup? No. A number of court cases have upheld the employers right to set different dress codes for male and female employees. Examples: a uniform can include a skirt for women but pants for men. Employers can require that a female employee wearing a white shirt wear a bra and/or a slip underneath it…without requiring that male employees wearing white shirts do the same. The reality is that men and women in our culture do dress differently, and the employers dress code can reflect that without being illegal discrimination.

Do the same rules apply to employees and independent contractors? No, they do not. The entire field of employment law is moot when it comes to an independent contractor. Basic issues of employment law like the minimum wage and overtime do not apply to independent contractors. Even if an employer could not legally require this of an employee, you could require it of an independent contractor. One of the reasons that business owners hire independent contractors is because they are so easy to get rid of, for any reason or no reason, at any time. You need not go through the usual disciplinary process, or fear that this employee will collect unemployment. Normally, if an independent contractor is in non-compliance in any way, you can just let her go. You can also tell her that you no longer require her services, until or unless she decides to look professional every day.