Friday, July 24, 2020

This Employee Beat Dress Code Discrimination With Cosplay - Workology

This Employee Beat Dress Code Discrimination With Cosplay - Workology When Dress Codes Discriminate After being told that her ponytail and headscarf did not meet dress code requirements, June J. Rivas gave up on regular professional attire and instead wore costumes of her favourite film, comic and game characters to work. Rivas posted 20 cosplay selfies on Facebook and explained that she came to work each day  in an outfit that fits the guidelines she laid out…just…not QUITE the way she expected. Does cosplay belong in the office? That, I think, depends on the office. But can cosplay fit into your workplaces dress code requirements? Absolutely. It all depends on how its written. When Dress Codes Discriminate The dess code at Rivas workplace initially stipulated only that employee attire needed to be clean and pressed. Such a vague rule allows for employees and employers to interpret it as they will employees might argue that jeans and a t-shirt are fine, so long as theyre clean and pressed; employers might argue that all headscarves, including cultural head wraps arent appropriate, no matter now clean and pressed they are. And Rivas employer did just that the initiating incident of this hilarious workplace protest was her supervisor determining that her head scarf was unprofessional.  When Rivas filed a harassment complaint, her boss refined that vague dress code,banning straps, hats, sandals, cleavage, back out, lace, and even cultural head wraps. Banning head scarves and wraps is undeniably a form of employment discrimination and Rivas did report her supervisor to the  Equal Employment Opportunity Commission (EEOC), but the wheels of bureaucratic justice turn slowly. So in the meantime,  Rivas decided to show how ridiculous the dress code policy and its enforcement had become by dressing up in costumes that consistently passed the dress code test. Rivas silent protest is not the kind of outcome most employers want, but it was a clever way to show up how biased and absurd dress codes and their enforcement can easily become.  Unequal dress code policy enforcement is one of the less subtle ways  that employment discrimination manifests, but it can be difficult to fight without very clear documentation and supporting evidence.  In the hospitality  and restaurant industries, discriminatory and unfair dress codes have forced women into unsafe footwear and sexualized attire. In  the corporate environment, many black women have been penalized for their natural hair. And time after time, employers have tried to penalize Muslim women for wearing the hijab  or to ban them entirely from the workplace. What Does Professional Look Like? But while its true that an employer may require all workers to follow a uniform dress code even if the dress code conflicts with some workers’ ethnic beliefs or practices, employers are also required to make reasonable accommodations. That is, if a head scarf or hijab does not interfere with an employees work and is professional in appearance, an employer should allow it. The same goes for diverse hair styles and apparel so long as theyre professional.  It seems simple but  what employers determine to be professional is in part  determined by unconscious biases. For example, black hair is often discriminated against with the excuse that its not neat and tidy; i.e. that it does not look like white hair. Dress codes, both vague and specific, can open employers up to risk of litigation. Unequal, targeted enforcement of dress codes is even worse and is by definition harassment.  According to the EEOC, A dress code must not treat some employees less favorably because of their national origin. For example, a dress code that prohibits certain kinds of ethnic dress, such as traditional African or Indian attire, but otherwise permits casual dress would treat some employees less favorably because of their national origin. Stephanie Hammerwold emphasizes that discussions about dress code violations should be respectful and without condescension. Review the policy, address how the dress code violation affects business and offer some examples of appropriate dress. Her approach, focusing on how [it] affects the business, has the potential to reveal unconscious bias in your approach to  dress codes. Does the hairstyle or apparel in question pose a safety risk? Could it offend other workers? Could it create the wrong impression with your clients? Or is there some other reason that it bothers you and appears less than professional to your eyes? If your dress code and enforcement policies allow employees to dress up as Star Trek characters but not to wear a simple head scarf or style  their naturally, youve got a problem one that may land you in court.

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