Dress Code Policies

The recent disability discrimination claim made by a former employee of American fashion retailer Abercrombie & Fitch has highlighted the potential problems that employers can encounter when enforcing particularly restrictive dress code policies.

Twenty two year old law student Riam Dean, who was born with her left forearm missing and wears a prosthetic arm, made a claim to a London employment tribunal that she suffered disabilibity discrimination whilst working at the chain’s flagship London store.

Miss Dean worked on the shop floor and was given permission to wear a cardigan to cover the joint between her skin and prosthetic arm, however, in July of last year she was ordered by her manager to work in the stock room as she was breaking the chain’s “look policy” by wearing a cardigan in the Summer season.

Miss Dean resigned the same day, and upon contacting the chain’s head office to complain about her treatment, was asked if she would consider returning to work when the Winter season arrived and long sleeved clothing was deemed acceptable. She declined this offer.

Abercrombie & Fitch’s strict “look policy” takes dress code policies to a new level, and includes a list of acceptable hairstyles, make up shades and even dictates the specific required length of employee’s fingernails. Customer facing staff are expected to be aesthetically pleasing and are referred to as “models”. The chain even takes the step of employing people in “Visual Associate” roles, who’s sole purpose is to ensure that employees are abiding by the “look policy” and wearing the current season’s “defined look”.

The tribunal hearing, held in September, ruled that Miss Dean did not suffer direct disability discrimination, however, she was awarded £136 basic compensation, £1077 for loss of earnings and £6800 for injury to feelings.

Whilst it is acceptable and somewhat the norm for organisations, large or small, to ask employees to present themselves in a certain way to portray a professional image, it is important that dress code policies are drafted and enforced in a way that means employers remain within the law and beyond reproach. Employee requests to dress contrary to the company dress code for reasons relating to disability, religion, race, etc., should also be carefully considered and treated in the appropriate manner.

The Abercrombie & Fitch case not only signifies the importance of a fair, ethical and correctly enforced dress code policy from a legal perspective, but also shows the potential public relations and reputation damage a Company can suffer should an employee make a claim to an employment tribunal, successful or not. At the time of going to press, coverage of Miss Dean’s tribunal claim appears 3 times on the first page of Google search results for “Abercrombie & Fitch”.