Despite New York’s diversity, many businesses still lack inclusive employee policies. Law firms are no different. A profession that was long reserved for people from elite classes, law firm handbooks sometimes contain dress codes and codes of conduct that might exclude qualified candidates from employment in the profession.
- Do tattoos or piercings limit an employee’s ability to serve clients?
- What does hairstyle or facial hair have to do with work performance?
- Is clothing gendered, or is that something elite classes created and mandated?
These are some of the legal questions of our day. And don’t think that requiring “professionalism” will answer them. Professionalism has historically been used as a catch-all term, often serving as a pretext for discrimination. This is particularly evident in the context of dress codes, where biases against certain races, religious practices, gender identities, and personal styles have been perpetuated. The landmark Bostock case further underscores the need for non-discriminatory practices in all aspects of employment, including dress codes.
A Reminder About Protected Employee Classes
Even law firms sometimes need to be reminded about employment laws. In case you haven’t touched employment law since the bar examination, remember that employers may not discriminate against employees based on their membership in several protected classes, including:
- Race, color, religion, sex, or national origin
- Sex-based wage discrimination
- Age 40 years or older
- Qualified individuals with disabilities
- Genetic information about an applicant, employee, or former employee
- Sexual orientation
- Military status
- Race, color, religion, sex, or national origin
- Sex-based wage discrimination
- Age 40 years or older
- Qualified individuals with disabilities
- Genetic information about an applicant, employee, or former employee
- Sexual orientation
- Military status
We now also look at the intersections of these protected classes more carefully, as many employees will be protected by more than one class. Nevertheless, employees must also consider their roles in their employers’ businesses, which bring certain responsibilities with the rights. Abiding by a non-discriminatory dress code is one of those responsibilities.
Why Employers Have Dress Codes
The purpose of a dress code in any employment setting is to make an appropriate impression on clients, potential clients, and other collaborators in the workplace. In the legal profession, clients are entrusting lawyers with some of the most difficult issues they will face in their lives:
- Bankruptcy or the risk of it
- Criminal charges
- Death of a loved one
- Disabling personal injury
- Divorce and child custody
- Job or other loss
- Potential loss of a home, business, or other critical asset
As such, law firms typically remind employees that their attire should not draw attention to them. Instead, their appearance must visually represent to the clients that they:
- Are there to serve the clients’ needs
- Respect the law and judicial system
- Pay attention to detail
Although it sometimes benefits the clients when lawyers distract or focus jurors with certain props or accessories, a lawyer’s attire should generally blend in the background of the courtroom. Support staff, such as paralegals and legal assistants might have greater freedom to express themselves through their clothing, hair, and accessories, but the focus must first be on the reasonable needs and wants of the clients.
Tips for Crafting Your Law Firm Dress Code
Inclusive dress codes require careful consideration. Even a great template must be customized for your unique law firm and target client.
Here are some tips to help you write a law firm dress code that is legally-compliant and attracts top talent:
- Respect the Protected Classes of Employees. Ensure that the dress code does not discriminate against employees based on protected characteristics such as race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, or military status.
- Balance Professionalism and Individuality. Allow for commonly accepted clothing articles in the profession, such as business suits, pant suits, dresses, dress pants, full-length casual pants, collared shirts, dress shirts, blouses, knee-length skirts, sweaters, sport coats, blazers, and religious or spiritual garments. At the same time, respect the diverse backgrounds and personal styles of team members. ***, unless required to wear a mask or other face covering for safety purposes.
- Give Clear Guidance. Not everyone has lawyers in their families. Many people avoid interacting with attorneys and might form most of their beliefs about appropriate law firm attire from television and movies. You might have to explain that clothing items must cover undergarments and have opaque fabric in the front and on the sides. Likewise, employees might not understand why hair and headwear must allow the face to be visible.
- Keep the Dialogue Open. Encourage compassionate discussion of policies to align them with the firm’s values, such as diversity and inclusion. This is particularly relevant when addressing topics such as tattoos, piercings, footwear, and attire perceived as “sexy” or revealing.
- Review Policies Regularly. Update the dress code as often as necessary to ensure it remains inclusive and legally compliant. For example, restrictions should be reviewed for their relevance to the firm’s activities and any potential discriminatory impact.
Conclusion
By carefully crafting your law firm dress code, you can:
- Foster a culture of respect and understanding
- Enhance employee satisfaction and retention
- Strengthen your ability to serve your clients effectively