Dress Code & Sexual Harrassment

Resser · January 2005

We recently banned the short belly shirts from being worn in our office because the shirts expose private body parts and are inappropriate for office attire. When we told one employee, she then complained that management had been harassing her with inappropriate comments and conduct. She just had a review in October and was asked if she had any comments, questions, concerns and nothing was brought up at that time. She has worked for the company for five years with mostly men and has been told that if anyone ever gets out of line, including management, to report it immediately so it can be corrected. We also allow shorts during warm weather and I have seen her wear some questionable short shorts. Do we need to document this and have her sign off on it or consider it retaliation because she is upset that she can no longer wear short shirts to work?

HRinNH · January 2005

Our company does not allow shorts, skorts, capris, belly shirts or tank tops. They do not portray a professional image in an office. In my opinion you would be correct to document your discussions with this person and have a documented chat with the upper management in question.

Hunter1 · January 2005

Unfortunately, this is the kind of comment that you let go by at your peril. At a minimum, I'd interview her to see if there's more to the story than just a passing comment. Your investigation in this situation is part of your defense down the road. Interview her and make an informed decision about whether it needs to be followed up.

System · January 2005

You should do two things. Immediately provide training on sexual harassment and establish a dress code. It's the company's right to set the code and it's the ee's obligation to abide by it. Here's what I find. People who dress provocatively are seeking attention. It's a good thing for them if they provoke whom they want to provoke. It's a bad thing (and possibly sexual harassment) if it provokes someone else. We all have the right to dress the way we like outside of the workplace. Set your own turf for employees.

ScorpioHR · January 2005

I am with Smoll 100% on this. And quite frankly, it seems to me that the company has created the problem by not establishing a proper dress code for the employees. Bare midriffs, backs, shoulders etc have no place in a work environment. I went to a "business-casual" dress code a few months back and was amazed at what people will consider appropriate for the workplace. Needless to say, many memo's later and updates to my dress code before they figured it out. I thought of just sending a memo that said "if you are not sure if it is appropriate then please do not wear it to work". One of my superiors suggested including "please use common sense", once I stopped laughing we agreed maybe that left to much "wiggle room", one person's common sense is not necessarily anothers.
Good luck.
scorpio
freezin my butt off in Florida :-(

Shadowfax · January 2005

Anytime an er has reason to believe there has been sexual harassment, you must investigate. Her comment, no matter how you view it requires at hte least a preliminary look-in-too. Document what you find; document the other conversations with the employee; report back to the ee your conclusions - or discipline as required, and be done with it.

Rockie · January 2005

I'd investigate the complaint of the harassment and document that you did. I'd also put a proper professional dress code into place. It's not appropriate to wear this type clothing to the workplace.

We have battled the same thing for five years. Everytime some "pop tart" in the entertainment industry comes up with some midriff bearing (or worse) apparel, the under 30 crowd feels compelled to follow suit.

Don D · January 2005

Regardless of the employee's history or the current issue with the dress code, you are obligated to investigate this just as you would any other such complaint. Take a sharp knife and separate these issues carefully and deal fully with each one of them.

marc · January 2005

Some good comments in this thread. I like SMoll's and Don's suggestions - the issues are connected, but deal with them one by one and do not let her confuse the issue.

Definitely draw your Dress Code line in the sand. Make it as clear as you can. Any wiggle room will be taken advantage of by the EEs and you will find yourself wondering why this is so hard for some of your EEs.

Resser · January 2005

Really appreciate the comments and advice from everyone. I agree that the number one problem here is that we cannot predict fashion changes. Knowing this employee, she is retaliating by bringing up the sexual harassment issue. You are right that we now have to treat each issue separate and investigate the harassment charge to protect the company. It's nice to know we are not alone out here. Thanks to everyone that replied. On a fun note to the person in FL: Try freezing in Embarras, MN at 54 below yesterday. They'd trade you anyday!

Don D · January 2005

One word of caution. Be very careful about having reached a conclusion before you ever start an investigation. If that is true, or even if it is not but you state it to others or in court, you have damaged your company position. If you have already concluded she is retaliating I recommend you recuse yourself from the procedure and have someone else investigate.

Shadowfax · January 2005

Don raises a verygood point:who should do the investigation? If there is the slightest hint this could blow up into something serious - an EEOC complaint or lawsuit - I would always have the investigation done by an outsider. No hint of bias; no axe to grind; no history with the parties nor gossip to ignore. And if the case goes further, the independant is a whole lot harder to get to on cross examination than anyone in the co. where everyone has a history. And if yo have it done by counsel, everything is priviledged and protected from disclosure until you decide it is appropriate to disclose.

ritaanz · January 2005

One word of advice. If you have this investigation done by your lawyer and this ends up in litigation, he cannot represent you.

Dress Code & Sexual Harrassment

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