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  1. #1
    Join Date
    Oct 2005
    Posts
    235

    Default Any lawyers in the house I have a job related question

    Hi

    I am hoping someone can steer me in the right direction for some answers. I work for a hotel ( union position) that provides us with a uniform. They have always given the option of pants or skirts for women. They are planning on getting new uniforms and want to now take away the option of pants. We will all have to wear skirts. Their claim is that skirts are more professional. So I guess this means all men in the company will be wearing them too. I find this very sexist. With skirts come non comfortable shoes and the hotel is freezing in the winter because of the architectural design. ( glass ceiling) In the summer the AC is on so high you still need a heater. They know it is cold which is why they provide us with heaters. They have told us to wear tights.

    Is there some law that states that a job who provides a uniform has to give the option of pants or skirts for women.

    Thanks much. The women at work are all upset over this. Especially me since I sit on top of the heater all year long as it is now and I wear pants and long johns. I also have scoliosis so comfortable shoes are a must. Sitting or standing in a tense position which you normally due when your are cold also causes me back pain when done over a period of time. Which will happen since I work a 40hr week.

    Any help or ideas you could give would be great!

  2. #2
    Join Date
    Jun 2005
    Posts
    5,750

    Default

    Hi Bootsy,

    I will look up any labor laws regarding uniforms.

    Regardless, I would talk to your union rep about any concerns.

    Di
    You think you've done your journey
    Then you stumble and find that there's such a long way to go

  3. #3
    Join Date
    Jun 2005
    Posts
    5,750

    Default

    Hi again!

    While there is no specific law that addresses the dress code, employers can set reasonable standards for dress and grooming. The employer must consider if their dress code is for a legitimate, business-related reason. It's generally accepted that a dress code that mandates that men have short hair but does not mandate women's hair length is permissible, while a dress code that mandates that women cannot wear jeans, while men can is not permissible, under Title VII of the Civil Rights Act.

    From http://wsd.dli.mt.gov/local/kalispel...une%202004.pdf

    "Requiring women to wear suits with skirts while men are permitted to wear a shirt and slacks, for example, is gender-based inequality."

    And, on the subject of uniforms:
    "So long as the uniforms are substantially equal for both sexes and the same uniforms are required for all employees in the same job classification, there is no gender bias. However, uniform requirements that apply to only female employees have been considered discriminatory."

    However, from http://www.workplacefairness.org/ind...r&agree=yes#12

    "Many employers have dress codes or otherwise expect their employees to dress according to the customs of the profession. Nothing in the Price Waterhouse case prevents an employer from asking that both male and female employees dress professionally. For example, an employer who requires its male employees to wear neckties at all times and its female employees to wear dresses or skirts would not likely be found to have violated the law, as courts have previously allowed employers to require employees to wear “suitable” business attire, even when the standards for what is considered suitable vary by sex. However, California has passed a specific law making it illegal for employers to prevent an employee from wearing pants because of sex.

    An employer who requires employees to wear uniforms which are different for males and females is not engaging in discriminatory practices as long as the uniforms for both males and females are “suitable.” For example, women cannot be forced to wear short shirts or sexually revealing uniforms if men are not required to do so."

    Clear as mud, right?

    I'll repeat my advice above and suggest that you and your co-workers go to your union rep to complain. I do know that it may not be legal for your employer to change any part of the collective bargaining agreement at this time, including dress code, if that was part of the CBA.

    Di
    You think you've done your journey
    Then you stumble and find that there's such a long way to go

  4. #4
    Join Date
    Oct 2005
    Posts
    235

    Default

    Thanks for looking that information up. I will be speaking to our union rep this week. Hopefully this will never take affect.

    Thanks again for the help, I will look into the websites you provided a link to.

  5. #5
    Join Date
    Jun 2005
    Posts
    5,750

    Default

    Good luck, Bootsy!

    Di
    You think you've done your journey
    Then you stumble and find that there's such a long way to go

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