Q. The company I work for has had an employee dress code since the company was incorporated. Recently, a male employee began coming to work dressed as a woman. His supervisor asked me if this violates the dress code. If so, can the supervisor require the male employee to dress according to the dress code for males and discipline him if he doesn’t?
A. Probably not. Recently the NJLAD was amended to include “gender identity and expression” as a protected category, making any discrimination or harassment on this basis illegal. “Gender identity and expression” is defined as having or being perceived as having a gender-related identity or expression, whether or not stereotypically associated with a person’s assigned sex at birth. This covers transsexuals, transvestites and individuals of ambiguous gender.
The law makes clear that, while employers may maintain dress standards, they must allow employees to appear, groom themselves and dress consistently with their gender identity or expression.
Employers should review and update employment policies, particularly equal employment opportunity and harassment policies to include “gender identity or expression” as a protected category. Anti-harassment training should include this category as well.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/3757/gender-identity-and-dress-codes-for-males-and-females "
- Employee may be gone, but e-mails requesting ADA accommodations must live on
- $1.27 million to BART worker for harassment, retaliation
- Don't get even: The rules, risks of post-employment retaliation
- No 'Right to effective counsel' in employment lawsuits
- Advocacy goup says mediation board in conflict of interest on union issue