The ethical, moral, and legal line between dress codes and discrimination.

1. D R E S S C O D E O R
D I S C R I M I N A T I O N
T H E E T H I C A L , M O R A L , A N D L E G A L L I N E B E T W E E N
D R E S S C O D E S A N D D I S C R I M I N A T I O N
PRESENTED BY: TWYLA TURNER

2. T O D A Y ’ S O B J E C T I V E
• Provide a diverse
approach to looking at the
creation and
implementation of dress
codes and grooming
policies
• Understand some of the
legal pitfalls employers
sometimes use in creating
these policies
• Possible solutions for the
future

3. W H A T C O M E S T O M I N D W H E N :

4. A R E T H E S E
T H E F A C T O R S
T H A T M A T T E R :
• EXPERIENCE
• EDUCATIONAL BACKGROUND
• ABILITY TO PERFORM THE JOB
• BLUE RIBBON SCHOOL
DISTRICT
• TEACHERS’ CREDENTIALS

5. It would be great if most employers and educational
institutions were only looking at these factors:

6. MOST EMPLOYERS ARE THINKING ABOUT THIS:

7. W H A T D O E S T H I S
H A V E T O D O W I T H
D R E S S C O D E A N D
D I S C R I M I N A T I O N ?

8. WHAT IF FOR YOU NONE OF THESE FACTORS
WERE MORE IMPORTANT THAN HOW YOU
LOOK?

9. FOR SOME AFRICAN
AMERICANS:
Hairstyle & Appearance
ARE THE MOST
IMPORTANT FACTORS
TO EMPLOYERS &
EDUCATIONAL
INSTITUTIONS

10. L E T ’ S T H I N K
A B O U T :
Chasity Jones
African American, Woman
Woman Customer Service Representative
Alabama
Cheryl Tatum
African American Woman
Restaurant Cashier, Hyatt Hotel
Washington D.C.
Wanda Pierson- Jeters
African American Woman
Business Education Teacher/ Professor
Atlanta
Tiana Parker
African American, child
7 year old, student
Deborah Brown Community School
Oklahoma

11. W H Y T H I S I S I M P O R T A N T
• Dress codes and grooming policies are designed to fit
within ideas of how employers believe people should
behave, and look.
• An employer can use this criteria to screen and
discriminate against workers through gender,
sexuality, race, religion, and culture.

12. T H E I M P A C T :
Organizational and educational institutions establish policies that:
• Implement, enforce, overlook behaviors that are
discriminatory
• Indirect discrimination: when a person or organization
imposes a requirement (a rule, policy, practice or procedure)
that is the same for everyone, but has an unequal or
disproportionate effect on a particular group or groups.
• Create boundaries and form exclusion around specific
races/classes appearance
• Are based on stereotypes, expectations, and assumptions of
how women and men-should look

13. W H O I S
I M P A C T E D ?
• Stakeholders
• Primary & Secondary
• Shareholders
• Lawyers & Legal System
• Prospective Employees &
Students

14. I S T H I S E T H I C A L , M O R A L O R I S
T H I S L E G A L ?

15. C L O S E Y O U R E Y E S &
I M A G I N E W I T H M E

16. W H E N Y O U H E A R W O R D S L I K E :
• Unkempt
• Matted
• Dirty
• Distracting
• Disruption
• Unsafe
• Unclean
• Excessive

17. D O Y O U T H I N K O F T H I S

18. O R D O Y O U T H I N K O F T H I S :

19. A A H ! Y E S !
When it comes to “professional &
corporate image” as defined by
dress codes and grooming
policies it is a reality, some
organizations and educational
institutions only choose to
perceive the second set of images
as
• Unkempt
• Matted
• Dirty
• Distracting
• Disruption
• Unsafe
• Unclean
• Excessive

20. LET’S TAKE A LOOK AT THE IMPACT THESE
WORDS HAVE ON INDIVIDUALS LIVES.
I THINK YOU WILL RECOGNIZE THIS SPEAKER.

21. L E G A L L I M I T S
• Title VII & EEOC- prohibits employers from
discrimination against employees based on race,
color, national origin, sex (including pregnancy),
religion, disability, genetic information, or age.
• State laws prohibit employers from discriminating
based on traits, such as marital status, sexual
orientation or national origin.

22. L E G A L P I T F A L L S
• Employers may adopt standards for an image they seek
to project, so long as those standards are applied in a
nondiscriminatory manner.
• Dress codes in schools are valid if “they promote
students’ safety, prevent disruption and distraction of fellow
students.”
• If students’ appearances are “so different in attention
getting that it distracts from the educational process, then
the school can validly intervene to regulate appearance.”

23. L E G A L
D I S C R I M I N A T I O N
• Immutability in Employment
Discrimination Law
• Immutable characteristic is
any sort of physical attribute
which is perceived as being
unchangeable, entrenched
and innate.
• Mutable characteristic is any
physical attribute which is
perceived as being
changeable.

24. W H A T T H I S M E A N S F O R
E M P L O Y E R S A N D
E D U C A T I O N A L
I N S T I T U T I O N S
Immutable characteristic associated
with race, such as skin color, hair
texture, or certain facial features
VIOLATES TITLE VII, even though
not all members of the race share
the same characteristics.
Discrimination based on hair is
LEGAL!

25. W H A T T H I S M E A N S F O R E M P L O Y E R S A N D
E D U C A T I O N A L I N S T I T U T I O N S
Employers and educational institution can use language in their
policies that is discriminatory, prejudice and stereotypical in
nature.
Legislators and the Supreme Court can decide when affirmative
action is legal, but they can’t determine when or if it’s moral.
Prejudice, stereotypes and discrimination will still have an
influential influence on the workplace and is a serious moral
issue facing our society.

26. HOW DO WE OPEN OUR EYES TO THE
ETHICAL, MORAL AND LEGAL ISSUES?

27. B Y I D E N T I F Y I N G W H A T ’ S N E E D E D
T O I M P L E M E N T C H A N G E
• Identify who has the control, power, responsibility, and
influence to implement and enforce new policies.
• Identify who has the power and influence to manage
the employees abusing the policies.
• Understand that the ethical sensitivity and influence of
the employees and or work groups facing ethical
issues should be handled by defined leadership.

28. W H O M A K E S T H E S E D E C I S I O N S ?
Defined leadership:
Upper Management
Board of Directors
Other Successors

29. T H E I R R E S P O N S I B I L I T I E S
• Communicate effective ethical behaviors and goals
• Consider the six spheres of influence that decisions
makers are confronted with when making ethical
decisions: workplace, family, religion, legal system,
community, and profession
• Create a well written & legal policy and procedure to
define norms, standards, and values
• Have different leadership perspectives - Relativist &
Deontologist- to create a balance

30. U S E D I F F E R E N T
L E A D E R S H I P
P E R S P E C T I V E S
• Relativists - use people
around them as their basis
for defining ethical
standards.
• Deontologists - focus on the
rights of individuals &
believe that individuals have
certain absolute rights-
• freedom of conscience,
freedom of consent, freedom
of privacy, freedom speech
freedom of due process

31. • Use terminology that is not offensive, or targeted or demeaning towards
a specific race.
• Inclusion and acceptance that individuals of different races wear their
hair differently.
• Understand the difference of hair style and hair texture, and how those
terms can be intertwined .
• Strong and clear legal policies.
ADDITIONAL STEPS:

32. 5 S T E P S T O A L E G A L D R E S S C O D E A N D
G R O O M I N G P O L I C Y :
1) Avoid dress codes or grooming rules that have no clear business
reason.
2) Document and explain the health, safety and or business reasons for a
dress code.
3) Apply the policy uniform to both men and women but be flexible
enough to make necessary reasonable accommodations.
4) Notify job applications about appearance requirements during the
hiring process.
5) Consult your collective bargaining agreement to ensure compliance.

33. LOOK WHO IS LEADING THE CHARGE

34. Recognize that traditional hairstyles worn by women
and children of color are often necessary to meet their
unique needs, and that these hairstyles do not result in
or reflect any less of professionalism or less
commitment to the high standards of organizations and
educational institutions.- Congress woman Marcia Fudge
MY GOAL

35. THANK YOU
TWYLA TURNER

36. R E S O U R C E S :
• Here is a list of Great Sources