When Do Dress Codes Become Discriminatory in California?

Executive Summary: California law prohibits workplace dress codes that discriminate based on religion, race, gender identity, or gender expression. That includes banning religious head coverings, natural hairstyles, or clothing choices tied to gender expression. The CROWN Act and FEHA offer strong protections. If you’ve been treated unfairly due to a dress code, you may have a claim.

Dress codes are meant to maintain a professional environment. But sometimes, what seems like a neutral policy can unfairly target certain groups of people. In California, workers have the right to be free from discrimination based on religion, gender identity, race, and more. That includes the right to dress and present themselves in ways that align with their identity or beliefs.

Unfortunately, many dress codes still fail to account for those rights. Whether it’s banning head coverings, policing natural hairstyles, or enforcing gendered appearance standards, dress codes can cross the line into discrimination. And when they do, the law steps in.

How Dress Codes Can Be Discriminatory

A dress code becomes discriminatory when it singles out or negatively affects people based on a protected characteristic. Under California’s Fair Employment and Housing Act (FEHA), it is illegal for an employer to discriminate based on religion, race, gender, sexual orientation, or gender identity. That includes enforcing policies that disproportionately harm those groups.

Religious Discrimination

Some employers have dress codes that prohibit head coverings. While that may seem like a neutral policy, it can be discriminatory toward religious Jewish or Muslim workers who wear yarmulkes, hijabs, or other religious attire. California law requires employers to accommodate sincerely held religious beliefs unless doing so would create an undue hardship. Simply not liking the look of religious dress is not a valid reason to ban it.

Racial Discrimination

Hair policies have also come under fire for targeting Black employees. Bans on natural hairstyles like afros, braids, and locs can have a discriminatory effect, even if not written with racial language. California addressed this issue directly with the CROWN Act, which became law in 2020. The CROWN Act prohibits discrimination based on natural hair textures and styles associated with race. Any policy that punishes workers for how they wear their natural hair can be unlawful.

Gender and Gender Expression

Dress codes that enforce traditional gender norms can also be discriminatory. For example, requiring women to wear skirts or dresses, or banning pants or other clothing that doesn’t fit someone’s assigned gender at birth, can harm employees who are transgender, non-binary, or gender non-conforming. California law protects workers from discrimination based on gender identity and gender expression. Employers cannot force someone to present in a way that contradicts their identity.

A policy that treats one gender differently from another can also violate the law. If men can wear pants but women must wear skirts, that’s unequal treatment. The same goes for grooming standards that only apply to one group.

What Employees Can Do

If you’ve been disciplined, denied a job, or treated differently because of how you dress in line with your identity or beliefs, you may have a legal claim. You don’t need to prove the policy was written with discrimination in mind. If it disproportionately affects a protected group, or if the employer refuses to accommodate your religious practice or gender expression, it could still violate California law.

Start by documenting what happened. Keep emails, write down conversations, and note any changes in treatment. Then consider speaking with an employment attorney to understand your options. The law is on your side, but these cases often come down to facts and timing.

A workplace dress code should promote professionalism, not suppress who you are. California protects your right to express your religion, your culture, and your identity. If a dress code targets or impacts you unfairly, you don’t have to stay silent.

If you’ve experienced dress code discrimination at work, Sansanowicz Law Group, P.C. can help you evaluate what happened and what to do next. Contact us for a conversation.

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Leonard Sansanowicz

Leonard H. Sansanowicz is the principal attorney of Sansanowicz Law Group, P.C., whose practice is devoted to protecting the rights of California employees. He has spent his entire career prosecuting harassment, discrimination, defamation, whistleblower retaliation, wrongful termination, and wage and hour/wage theft claims, both individual and representative actions. His most rewarding and fulfilling work is obtaining justice for his clients.