Spotlight on Dress Code Policies—Discrimination
Based on Gender. Burlington Coat Factory
Warehouse, Inc., had a dress code that required male
salesclerks to wear business attire consisting of slacks,
shirt, and a necktie. Female salesclerks, by contrast,
were required to wear a smock so that customers could readily
identify them. Karen O’Donnell and other female employees
refused to wear smocks. Instead they reported to work in business
attire and were suspended. After numerous suspensions, the
female employees were fired for violating Burlington’s dress code
policy. All other conditions of employment, including salary,
hours, and benefits, were the same for female and male employees. Was the dress code policy discriminatory? Why or why not?
[O’Donnell v. Burlington Coat Factory Warehouse, Inc., 656 F.Supp.
263 (S.D. Ohio 1987)] (See Title VII of the Civil Rights Act.)
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