Your Right to Wear Pants at Work: A Look at Gender-Based Dress Code Protections in California

When we think about employee rights, we often think about wages, hours, and discrimination laws. One commonly overlooked right is the right to wear pants at work. Yes, in California, a specific law protects employees’ right to wear pants in the workplace. In California, if an employer restricts your ability to wear pants based on your sex, they may be violating the law, and you may be entitled to file an employment discrimination claim. However, the law does allow employers to dictate what their employees wear in some situations. Keep reading!

What California Law Says

California Government Code Section 12947.5 states that it is illegal for an employer to prohibit an employee from wearing pants solely based on their sex. This means that, if, for example, you are a woman, an employer cannot force you to wear skirts or dresses. This law is one of the many in the state aimed at preventing workplace discrimination and promoting gender equality. It acknowledges that forcing employees to dress a certain way because of their sex can encourage negative stereotypes and lead to unfair or uncomfortable working conditions.

Exceptions to the Law

As with many other laws, there are exceptions to the law that bars employers from prohibiting employees from wearing pants at work. The few limited exceptions under California Government Code Section 12947.5 are;

1.     Uniform Requirements: The law allows employers to require employees in particular occupations to wear uniforms. Examples of occupations that may require employees to wear uniforms include healthcare, hospitality, and public safety.
2.     Costume Requirements: It is not against the law for employers to require employees to wear costumes while portraying specific characters or dramatic roles. Industries that this exception might cover include theme parks and the entertainment industry.  
3.     Demonstration of Good Cause: If an employer demonstrates good cause for barring employees from wearing pants at work, they may be exempted from the law. However, this exemption does not come lightly. The California Civil Rights Council oversees these exemptions and has the power to determine whether to grant or deny a request.

Steps to Take if an Employer Violates Your Rights

If you believe your employer has violated your right to wear pants at work based on your sex, you may be qualified to file a legal claim against them. The following are the steps you can take to protect yourself and potentially hold the employer liable;

• Maintain Detailed Records: Keep any written communication, like emails, employee handbooks, and policies that may indicate gender-based limitations.
• Consider Talking to Your Employer: Sometimes, employers are unaware that their rules violate the law. Therefore, consider calmly raising the issue with your employer and pointing out the legal protections under California law.
• Seek Legal Help: If your employer does not resolve the issue or if they retaliate, seek the help of a qualified employment lawyer. An attorney can help you file a complaint with the California Civil Rights Department (CRD).

Contact a California Employment Lawyer

If you believe your employer’s dress code policies violate the law, contact a skilled California employment lawyer for help understanding your legal options.