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Freedom in Dress: The Legal View
Author(s) -
Maher Pat Marie,
Slocum Ann C.
Publication year - 1986
Publication title -
home economics research journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.372
H-Index - 31
eISSN - 1552-3934
pISSN - 0046-7774
DOI - 10.1177/1077727x8601400403
Subject(s) - safeguarding , sanctions , law , work (physics) , service (business) , clothing , political science , business , engineering , medicine , mechanical engineering , nursing , marketing
The purposes of this paper are to identify dress issues which were taken to court as a result of dress codes in a work environment, and to identify legal principles which the courts associated with freedom in dress. Court cases involved the fol lowing types of employees: teachers, public service employees, members of the Armed Services, employees in privately owned businesses, and attorneys. The source of the legal opinions discussed in this paper was West's National Reporter System. Most court cases involving personal appearance occurred during the last 20 years. The majority of cases were brought by men and involved hair and/or facial hair issues. Judges recognized freedom of choice in appearance in almost 40 percent of the cases reviewed in this paper. In general, employers have more rights to regulate the dress of employees than employees have in choosing their appearance. In safeguarding employees' rights, however, judges ruled that dress regulations must be specific, justifiable, warranted and must not be contrary to principles established in the laws of this country. Even though judges have the authority to restrict the appearance of attorneys in court, procedures are available when restrictions or sanctions are considered excessive.