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91. EXERCISE: DEVELOPING AN EMPLOYEE DRESS CODE
I. Objectives:
A. To develop your skills in developing a new dress code.
B. To familiarize you with the reasons why firm develop dress codes.
C. To make you aware of the wide variety of dress codes that firm have.
D. To familiarize you with the content of different dress code
policies.
II. Out of-class preparation Time: 1-3 hours
III. In-Class Time Suggested: 30-45 minutes
IV. Procedure: See Text
V. Discussion
This exercise focuses on a controversial topic—what an employee is allowed to wear at work.
Employees and employers often have opposing views as to what should be worn. Employees like to
claim that they should have the right to free speech which to them means wearing whatever they want.
Employers don’t view a<re as a free speech issue.
When using this exercise, instructors may want to ask students to bring in dress codes from their
place of work to show others. This familiarizes students with actual dress codes and how they vary. In
addition, the exercise can be enhanced if students bring in pictures of people wearing clothes that meet
the dress code requirements for the job they were assigned. Not all students will understand what a
team means by, “professional a<re” as this term applies to a specific job nor do all understand terms
such as Bip-Bops, turtle-necks, tank tops, and Birkenstocks.
When discussing the topic of dress codes, we often make the following points:
1. The ultimate reason firm have a dress code is because they believe that the clothing employees wear
affect how they behave and how others behave toward them. We point out to students that they
would likely behave quite differently if they were dressed as a priest or nun. They would behave still
differently if they were to wear a police oCcer’s uniform. We like to ask students how others would
behave toward them if they wore either of these two ouDits. Wouldn’t others be more polite, open
doors for them, and avoid profanity if they were dressed like a nun? Wouldn’t others be on their best
behavior if the student wore a police uniform?
There is a currently popular TV show called, “What Not to Wear” that demonstrates these
points. During the show, a woman is given a new wardrobe. Almost invariably, the contestant states
that the new clothes have made her feel more confident and has affected how others act toward her. An
instructor may want to show a portion of one of these programs to make these points.
2. Some firm purposely choose to not have formal a<re policies. These firm believe that they can
recruit beGer employees by doing so. Some job applicants detest dress codes and want freedom to wear
whatever they want to work. This policy will appeal to these individuals.
3. Some dress codes appear to be arbitrary. However, upon close examination, they can be justi1ed.
For example, one school district had a policy that no students could wear a<re depicting any sports
team or athlete. Sounds arbitrary right? The school justi1ed their policy by stating that gangs used
these shirts to identify fellow members and opposing gangs which resulted in fight.
4. When an employee arrives at work dressed inappropriately, firm often send the employee home to
change clothes and then return. They do not allow them to stay. This action may or may not be
accompanied by an oral warning, wriGen warning, suspension, or termination.
92. INCIDENT: Facebook Posting: I Hate My Stupid Boss
QUESTIONS
1. What issues does this incident raise about social networks and the workplace: (a) from the
perspective of an employee; (2) from the perspective of management/managers; and (3) from a legal
perspective?
This incident is quite realistic because there have been such occurrences in the workplace. With
the increased use of social networks like Facebook, such incidents may increase. From the perspective
of employees, it raises the issue of really understanding that what you post on the site could be seen by
fellow employees and management especially in terms of large organizations. Because networks are so
interwoven, one can never be fully certain who is seeing what. A wise employee would never criticize
his/her boss or talk about a company in negative way on such a widely circulated space. Marisa used
From the point of view of the HR manager or other managers, a rule of thumb is to be careful in
becoming a friend to employees. Most companies are reluctant to have a policy that says managers
cannot be in employees’ social networks. Yet, it is risky. Not only may you see something like what
Several companies are only now formulating social computing guidelines. For example, IBM has
put together a set of guidelines for its employees that also cover blogging, and TwiGer. The guidelines
are rather broad and cover such topics as the need for employees to follow IBM’s business conduct
Social networking use policy should generally include the following elements according the
Society for Human Resource Management (www.shrm.org):
definition of social networking
Describe disciplinary measures to be taken for policy violations
The Society for Human Resource Management advises HR managers to become knowledge
about social networking media venues, their thrusts, and themes. Decisions have to made about what
sites might be 1rewalled or blocked by the company’s computer network. Any policy developed should
be scrutinized by a lawyer. It is also important all employees are provided copies of the policy. A survey
2. Should Shanti have accepted the friend invitation? Why or why not?
Shanti should have declined the invitation because of the management position she holds in the
3. If you were Shanti, what would you do now? Why?
This is a diCcult one and students will have a long debate. Since the company does not really
have a policy, Shanti is in a diCcult position. She probably should advise Marisa to remove the posting
immediately and advise her of the potential legal risks she has exposed the company to by posting
disparaging remarks about her boss on Facebook. Marisa’s boss may become aware of the posting
93. INCIDENT: CAN HE WEAR AN EARRING TO WORK?
I. OBJECTIVES:
The objective of this incident is to serve as a catalyst for discussing employee dress codes in the
workplace. The case raises a number of important aspects about dress codes including gender effect.
II. ANSWERS TO INCIDENT QUESTIONS:
Note: This case will evoke a lively discussion about South Town’s dress code. Many students
will see it as outmoded and not in touch with the wide spread acceptance of individual expression in
how one dresses and the relative societal acceptance of diverse dress styles and personal preferences.
1. Is Peter a victim of discrimination?
It should be pointed out that there are no laws governing employer dress codes. Employers are
given wide latitude by most U. S. courts to establish employee dress codes. However, a dress code must
not violate federal and state anti-discrimination laws. Employer dress codes may make minor difference
between men and women as long as it’s an equal burden on both. A company can require that men
wear formal a<re like a shirt with a tie and that women wear dresses or ladies suits. But a company
Companies have to also be careful that they do not violate anti-discrimination laws prohibiting
race or religious discrimination in the workplace. Prohibiting beards may bring charges of race
discrimination from African-American employees. It is African-American men who primarily suffer from
2. Evaluate the branch manager’s comment that “Peter would not have been hired had
he worn the earring during the employment interview.”
This question again is focused on the issue of discrimination. If he had not been hired because
of the earring, would this have been discrimination based on gender? It also depends on who was hired
instead of Peter. Could the company defend itself by offering a job related reason for not hiring Peter?
Regardless of the legality of this comment it reBects badly on the company. At a minimum, Peter
3. Evaluate South Town’s dress policy? Is it clear? Is it appropriate? Is it legal?
An issue to be discussed is whether the dress code is justi1ed given the nature of the bank’s
business. Is the dress code based on a legitimate business purpose such as safety, hygiene, or the need
to present a good image to customers? One could argue that if customer service is a big part of the
If Peter were to 1le a lawsuit alleging sex discrimination, the court would use the test of business
necessity to evaluate the bank’s dress code. The major problem with South Town’s dress policy may not
Clearly state what is appropriate and inappropriate dress for employees. The policy
should include specific examples (e.g. no shirts without collars).
FURTHER SUGGESTED READING
There are several court cases pertaining to dress code and infringement of protection from
discrimination based on gender, race, and religion that can be reviewed. These include:
Gender: Kleinsorge v. Eyeland Corp., 2000 WL 124559 ( E. D. Pa. 2000).
Religion: EEOC v. Heil-Quaker Corp., 55 F. E. P. Cases 895 (D. Tenn. 1990).
Race. Fitzpatrick v City of Atlanta 2 F. 3d 112 (11th Circuit 1993).
94. INCIDENT: SPIKED MILK
I. OVERVIEW:
This incident focuses on the issue of what managers should do when they believe someone may
be violating a company rule but have only limited proof of it. In the incident, there are rumors and
circumstantial evidence that an employee is working under the inBuence of alcohol. So, what should the
manager do?
One of the best ways to discuss this incident is to play the role of devil's advocate. One can
argue that Larry is definitely guilty of working under the inBuence of alcohol and should be suspended,
fired, or forced to go to alcoholism counseling. Alternately, the instructor can argue that Larry is
definitely not guilty of any rule violation, that rumors should be ignored, and that the supervisor should
focus on Larry's job performance and quit worrying about whether Larry is an alcoholic. Whichever
position the instructor takes will result in a lively student rebuGal.
II. OBJECTIVES:
1. To examine the issue of what constitutes suCcient proof of a rule infraction.
2. To identify alternative ways of dealing with rumors regarding an employee's
behavior.
3. To serve as a catalyst for discussing employee alcoholism and company
policies toward it.
III. ANSWERS TO INCIDENT QUESTIONS:
1. What course of action should the owner-manager follow? Why?
One of the main issues in this incident is whether Larry is actually drinking on the job or working
under the inBuence of alcohol. One could infer that perhaps Larry is doing one or the other. However,
A good starting point may be for the manager to deal with the facts that are currently available.
While rumors may or may not be true, it is a fact that rumors about Larry are circulating, and Larry's
behavior is partly to blame for them. Perhaps the manager will want to tell Larry that he has heard
Another possible approach to this case is to suggest that Larry is exhibiting many of the signs
associated with diabetes. He is drinking considerable amounts of Buids, has a gravely voice and is telling
2. To what extent should the owner-manager go to try to catch Larry Werst drinking on
the job?
As a general rule, the extent to which firm go to catch an employee engaging in an undesirable
act depends on the severity of the act. If a person is suspected of stealing considerable sums of money
from a firm, the company may want to go to great lengths to catch the o2ender. If the employee,
however, is suspected of taking a paper clip, the firm will probably ignore it. In this incident, Larry is
suspected of working under the inBuence of alcohol, an act that is serious. Thus, some investigation
3. What action, if any, should the manager take if Werst confesses to being an
alcoholic?
Firms vary considerably in terms of how they handle an alcoholic employee. Some, particularly
small firm, terminate these employees or ask them to take a leave of absence to rehabilitate. On the
other hand, larger firm typically send alcoholics to counseling or treatment centers. Faculty members
4. Does the owner-manager presently have suCcient proof that Werst is working under
the inBuence of alcohol?
In order for a firm to accuse Larry of working under the inBuence of alcohol, it must have
suCcient proof that he is doing so. Arbitrators typically contend that there are varying levels of proof
and that the amount needed depends on the severity of the o2ense and penalty. In this case, the firm
5. Critique the construction Company’s alcoholism rule.
This firm has a very common rule regarding alcoholic beverages. Indeed, many firm have a rule
similar to this. One of the benefit of this rule is that it puts employees on notice that the behavior
The rule itself could be faulted for not being totally comprehensive and for terminating
95. INCIDENT: CAUGHT IN THE ACT: IMMORAL BEHAVIOR AT WORK
I. OBJECTIVES:
1. To give students practice in determining the severity of disciplinary punishments.
2. To make students aware that firm can discipline employees even if they have no
wriGen work rules which specifically cover a given behavior as long as employees
know from common sense that their behavior is unacceptable and has an adverse
a2ect on the firm.
3. To teach students the steps in the typical progressive penalty system--oral warning,
wriGen warning, suspension, and termination.
II. OVERVIEW:
This incident focuses on the issue of what disciplinary action, if any, should be taken toward two
lead supervisors who were caught with some of their clothes o2 (and, perhaps, having sex on the job)
and toward a night supervisor who failed to report the incident. The incident addresses the question of
whether employees can be disciplined in the absence of a specific work rule.
An interesting way to begin discussion is to argue that NO disciplinary action should be taken!
A:er all, no harm was done to anyone, and they just had some of their clothes o2. Alternately, one
could begin by arguing that both lead supervisors should be terminated for obscene behavior or
behavior unbecoming of a supervisor.
III. ANSWERS TO INCIDENT QUESTIONS:
1. What action should HITEC Corporation take, if any, with regard to Jim Arnold and
Mary Bridge? Justify your answer.
Jim and Mary have engaged in behavior that most firm would consider unprofessional. In
addition, they had both le: their work sites to engage in this behavior. Furthermore, everyone in the
Although the firm does not have a specific policy regarding sexual relationships, it is common
In this case the Plant Manager and the Director of Human Resources decided that the two Lead
Supervisors involved in the incident should be terminated due to the seriousness of the o2ense and the
disruption to the workplace. In addition, the firm wanted to send a message to all employees that this
2. What action should the firm take, if any, with respect to Mike Morrison? Why?
In this case, Mike failed to carry out one of his important job duties-reporting all discipline
related incidents to the Human Resource Director or the Plant Manager. This oversight placed the Plant
Manager and the Human Resource Director in the awkward position of being the only individuals who
In the actual case, the Plant Manager and HRM Director decided that Mike should receive half
pay for the next two weeks for not reporting the incident or taking disciplinary action. The firm felt that
