FACTS: Dress for Success, Inc., had policy requiring male salespersons wear business attire, including dress pants, button-down shirt, and a tie. The company required female salespersons to wear a smock (a light, loose garment worn for protection of clothing while working) in order for clients to identify them easily. Sharon Riddle and other female salespersons refused to wear a smock. They showed up to work wearing business attire instead, and Dress for Success suspended them. After multiple suspensions, the female associates were fired for violating Dress for Success’ dress code policy. All other employment conditions, including wages, working hours, and benefits, were equal for male and female associates.
ISSUE/Question: Was the dress code discriminatory? Why or why not? How do you rule in this case?
