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Employment LawUnfair Dress-code in the workplace? (self.legaladvice)

DontStareAtSloths が 投稿

I am in California, USA, working in retail. I noticed in our dress code policy that one of the the requirements is that "no cleavage shows" as a female with a rather well-endowed bust this worries me. I know that dress codes cannot be unfairly geared toward one gender but what about certain members of one gender? This code implies that my coworker and I can wear the same exact v-neck shirt, but because she has a rather flat chest it would be considered appropriate on her, but inappropriate on me. I do not necessarily plan on really taking any action about this right now, but would like to know if this is legal as it seems rather unfair. If I or another coworker were to get reprimanded for revealing "cleavage" in a shirt other coworkers could wear, would we have some sort of case for a lawsuit on our hands?

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[–]Erin42 13ポイント14ポイント  (0子コメント)

I think you're looking at this backwards. In your example, the company isn't barring you from wearing a V-neck versus Connie Coworker being able to. This is about the amount of skin showing. That would be like me saying "It's not fair that she can wear that size 2 skirt but I have to wear this size 10!!"

It's not about you being told what clothing not to wear, but rather what parts of the body are not allowed to be exposed. So, you can wear the same V-neck, but in an appropriate size and taking precautions to ensure you're exposing the same amount as your co-worker. Double-sides tape, properly fitting bra, camisole underneath, what ever.

[–]sandiercy 11ポイント12ポイント  (12子コメント)

That doesn't seem unfair at all.

[–]anonymousforever 4ポイント5ポイント  (0子コメント)

it's an equal policy... you just have more you have to cover. It's simple anatomy that the exact same shirt on a small chested and a large chested woman will not fit the same.

Simple fix... you may have to do a tad bit of sewing and close up the v-neck of a few tops just a bit by altering the collar line, or add in a "fake camisole" patch on the lower portion of the "v" of the vneck, just enough to cover any accidental exposure due to your size. either fix is simple to do, you can get a very small amount of similar or contrasting fabric and make a sewn in "pretend" camisole part for the lower 2-3" of the v of the shirt easily enough, and still make it look nice, and it solves any potential claims of "wardrobe malfunction" Heck, you could start a trend and make the other gal jealous...

edit... using 3 of the same identical shirt, you could put in 3 different "camisole patches" and then make it clear you have 3 different shirts.. have some individual style with your "uniforms" since there's this insistence you keep covered... so own it, and be an individual with it... and its something you "have" to do... what's the other gal's excuse? You get a free pass to a uniform alteration she can't have... so might as well own it!

[–]trumptrainsnackbar 2ポイント3ポイント  (0子コメント)

Perfectly legal. They don't want to see your tits.