In California, employers may fire you for not adhering to the company dress code. However, they are not allowed to infringe upon your right protected by the California Fair Employment and Housing Act (FEHA).
Most California employees are aware that their employer can make them follow a company-mandated dress code. But what if, because of certain characteristics you possess, you have to wear certain garments or look a certain way that goes against these policies? If this happens, the employer could take corrective action, and in extreme cases, may decide to fire you. Getting fired, no matter the reason, is a stressful and demoralizing experience. And when the reason for your firing is based on your religion or some other protected characteristic, it’s illegal.
When your employer illegally discriminates or retaliates against you at work, we will be there to help protect your rights. California law protects employees against discriminaton and wrongful termination, but standing up to your employer still takes determination and courage.
Also see: FEHA Violations.
Maison Law Proudly Offers Free Consultations for California Employees
Attorney Martin Gasparian and his firm, Maison Law, know how important work is to California citizens. Many are simply trying to provide for their family. When their employers decide to discriminate or retaliate against them for their appearance, it is unacceptable. That’s why Maison Law is proud to offer free consultations to potential clients. Contact us today to learn more.
California Law and Appearance in the Workplace
Under the California Fair Employment and Housing Act (FEHA), every employee has a right to a workplace that is free of discrimination. Moreover, the law also lays out which characteristics are protected in the workplace, including:
- Age
- Race
- Color
- Sex
- Gender
- Sexual orientation
- National Origin
- Religion
Obviously, these specific protected characteristics can sometimes require individuals to change or alter their appearance or dress at work that could run counter to workplace dress codes or appearance policies.
However, the important distinction here is that employers cannot, by law, terminate you for not following the company dress code if the reason involves your status as a protected class under the FEHA. Examples of an illegal discriminatory dress code or appearance policy would include:
- Banning employees of one gender from wearing pants, like requiring women to wear dresses only.
- Requiring only employees of one gender to wear uniforms.
- Banning transgender employees from dressing or taking on the appearance of their gender identity.
- Requiring disabled employees to wear certain attire or uniforms, which would be disability discrimination if the policy doesn’t allow the disabled employee to perform their normal job duties.
- Forcing employees to be clean-shaven, cover tattoos, or have short hair, which goes against certain religious doctrines.
Again, it’s important to understand that, while your employer can enforce a dress code policy, it has to be specific and narrowly tailored. Further, it has to be applied in a non-discriminatory way, to every employee. If the policy fails to do that, the employer will be breaking the law if they continue to enforce it.
Recognizing Retaliation in the Workplace
When your employer decides to retaliate against you for voicing concerns of a discriminatory dress code policy, it may seem obvious and blatant. However, that’s not always the case. In fact, most employers are well aware of workplace discrimination and retaliation laws, largely due to the fact that most human resources departments have extensive training and policies for just that purpose.
Still, some employers decide to take adverse actions against employees that speak out about discriminatory policies in the workplace. Most of the time, these actions include:
- Terminating your employment
- Demoting you
- Cutting the your pay
- Reducing your hours
- Excluding you from staff meetings or training exercises
- Subjecting you to harassment or a hostile work environment
If any of these actions occur, you have rights under California law. You should also contact Maison Law as soon as possible, because it is very likely that you could file a lawsuit for damages.
Do I Have a Wrongful Termination Case?
The crucial elements of a wrongful termination or hostile work environment case are twofold:
- Being a member of a protected class or engaging in a protected activity.
- The employee taking an adverse action that is motivated by your belonging to the protected class or activity.
With those two elements established, building a strong case requires evidence. Employees should make sure to keep any documentation relating to their complaints, including:
- Emails
- Text messages
- Recordings
- Written complaints
This evidence will show that you made complaints, but the employer chose to take no action to correct their policies. From there, any evidence of retaliation should also be documented. You need to make sure to document any changes in your work schedule, assignments, or pay.
With all of this evidence, the final step is to work with Maison Law to file a lawsuit. Every case is unique, but discrimination lawsuits entitle you to the following damages:
- Lost wages
- Loss of benefits
- Damages related to pain and suffering
- Emotional distress damages
When your employer decides to discriminate against you for your appearance, not only are they disrespecting you as an employee, but as an individual. While this can be upsetting, you need to remember that you have legal rights.
As experienced California employment lawyers, the team at Maison Law knows how difficult a wrongful termination case can be, and we work hard to help our clients obtain compensation for their losses. Not only that, but a successful lawsuit can also require your employer to change their discriminatory policies.
Skilled California Employment Lawyers Will Help You
At Maison Law, you can rest assured that our team of accomplished employment lawyers have a proven system of getting results. Part of our approach is to investigate your claim, help you gather evidence, interview witnesses, and work tirelessly to make sure you maximize your results. More importantly, we stand with you every step of the way to offer guidance, validation, and support. If you would like to begin the process of filing a lawsuit against your employer, contact Maison Law today for a free consultation.
