Can an Employer Prohibit Male Employees from Wearing Earrings?
ANSWER: It depends on how they do it.
Ear piercing has been used for millennia as a means of self-expression and body alteration by people all over the world. Although earrings have historically been more frequently associated with women, more and more males are wearing them these days. Because of this, many businesses might be forced to decide whether or not to forbid male employees from wearing earrings
Employers generally have the authority to dictate to their staff what to wear and how they should present themselves. This includes the authority to forbid the wearing of particular articles of clothing or accessories, such as earrings. Employers should be mindful of any potential legal ramifications of such practices, though.
The Law that applies
Employers are forbidden from treating workers unfairly on the grounds of race, color, religion, sex, or national origin under Title VII of the Civil Rights Act of 1964. This means that an employer may be in violation of Title VII if it maintains a policy that forbids male employees from wearing earrings but permits female employees to do so. Similarly, if an employer allows male employees of certain races or religions to wear earrings, but prohibits male employees of other races or religions from doing so, this could also be considered discriminatory. If you want to
Depending on what state you are in, there may be similar anti-discrimination laws that apply.
Employers must make sure that their policies are administered uniformly and fairly to all employees, regardless of gender, to avoid this possible problem. This implies that a policy that forbids earrings for one gender should equally forbid them for the other.
It’s important to note that while Title VII prohibits discrimination based on sex, it does not necessarily protect individuals from dress code policies that may be perceived as gender-specific. For example, a dress code that requires men to wear ties and women to wear dresses may not necessarily be considered discriminatory under Title VII, as long as both groups are held to the same standard.
What if an employer has a dress code that prohibits male employees from wearing earrings, but allows female employees to wear earrings, this could be considered discriminatory. Similarly, if an employer allows male employees of certain races or religions to wear earrings, but prohibits male employees of other races or religions from doing so, this could also be considered discriminatory.
It is important to note, nonetheless, that a company may properly forbid male employees in some situations.