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How can dress codes create sex discrimination?

On Behalf of | Jun 23, 2025 | Sex Discrimination |

Even a well-intentioned dress code can favor one gender over another. You might think it’s just about neatness, but “neutral” policies often hide unfair expectations. These rules can affect everything from comfort to job prospects. Let’s look at how that happens and what rights you have.

When dress codes enforce gender stereotypes

Dress codes often paint “professional women” wearing skirts or makeup and “professional men” in suits and ties. These assumptions link appearance standards to outdated gender norms. That’s a problem when women must wear heels but men don’t—a requirement that affects comfort and mobility. These rules may not consider gender diversity, putting nonbinary employees in tough situations.

Unequal burdens on women

Requiring makeup, hairstyling, or hosiery places an unequal time, cost, and effort burden on women. These rules don’t apply to men. You could spend extra time and money to meet those expectations, while male coworkers face no added demands—creating a clear disparity. These differences can affect morale and how professional someone appears.

Enforcing policies inconsistently

Policies may say “no visible tattoos” or “no facial hair,” but enforcement often differs by gender. A man with a beard might be told it’s fine, while a woman with visible ink is penalized. You need consistent application—either apply rules equally or adjust them. Unequal enforcement can reveal bias in how supervisors define professionalism.

How to spot discrimination in dress codes

Watch for policies that apply only to one gender, grooming rules that cost extra, or hairstyle bans that affect specific groups. Also notice if enforcement favors one gender. These patterns may show the dress code treats employees unfairly. If you see this happening, Indiana laws and Title VII may protect you.

What you can do

Ask your employer to change the policy—maybe remove gendered language or allow reasonable alternatives like flats instead of heels. If they refuse, you may have grounds to file a complaint. Document unequal enforcement and keep records of changes.

When employers treat appearance expectations differently based on gender, they may be violating federal and state sex discrimination laws. You deserve an equal playing field—free from unfair dress code requirements.

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