Although employers may wish to assure that their employees make a good impression, disability and religious accommodation requirements may limit their authority to regulate.

1. Appearance Standards
Can you make your employees look good?
Calvin House
Gutierrez, Preciado & House, LLP
Employment Lawyers for Employers

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7. EEOC v. Abercrombie & Fitch Stores, Inc. (Scalia, J.):
“An employer may not make an applicant’s religious
confirmed or otherwise, a factor in employment
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9. Employee Handbook:
Employees should have a neat appearance at all
Employees should be courteous to each other.
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11. EEOC Enforcement Guidance on the Americans with
Disabilities Act and Psychiatric Disabilities
“The dress code and coworker courtesy rules are not
job-related for the position in question and consistent
with business necessity because this employee has no
customer contact and does not come into regular
contact with other employees. Therefore, rigid
application of these rules to this employee would
the ADA.”
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12. “No facial jewelry.”
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13. “I am a member of the Church of Body Modification.”
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14. Cloutier v. Costco Wholesale Corp., 390 F.3d 126 (1st Cir. 2004):
“Costco has made a determination that facial piercings, aside from
detract from the ‘neat, clean and professional image’ that it aims to
cultivate. Such a business determination is within its discretion.”
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15. “Less than a week afterTower Loan learned of the sex listed on Mr. Broussard’s driver’s license
[female] and that Mr. Broussard is a transgender man,Tower LoanVice President David
Morgan traveled to Lake Charles [LA] to meet with Mr. Broussard and his supervisor. Mr.
Morgan informed Mr. Broussard that he could continue working atTower Loan only if Mr.
Broussard signed a written statement agreeing to act and be treated as a female rather than as
a male while working forTower Loan, including by dressing as a female.” Broussard v. First
Tower Loan , LLC, Case No. 15-CV-01161 (E.D. La. April 13, 2015).
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