You may be among the many employers that have dress and grooming rules for employees. That is fine as along as you allow for religion, race, disability and other protected statuses that may affect how employees comply with the rules. After that make sure supervisors do not make offhand snide comments about a particular employee's dress and grooming. It may be interpreted as racially hostile. 

Recent case: Shareefah, who is black, worked for a union as an organizer. While she was at the union's main office in Oakland, the union president looked at her hair and implying she had weaves, asked her twice "Did you buy your hair from the store on the corner?" A few days later at that office another employee asked about her hair. Shareefah claimed that after two incidents, supervisors began to criticize her work. One day, she was called into a meeting to discuss her alleged work deficiencies. She was wearing a Ralph Lauren shirt with the designer's polo logo. She claimed a manager made a recially offensive statement and criticized for wearing the shirt. He allegedly added that Shareefah could nt belong to a polo club or ride horses because she was not white. Soon after she was terminated, allegedly for exhausting FMLA leave and being absent. She sued, claiming she had been subjected to a racially hostile work enviroment based on the hair and shirt comments. The court agreed to send her case to trial. 

Job descriptions are among the first items that courts examine to determine the legitimacy of a discrimination charge. You can use them as part of a defense in court only it they are accurate and were prepared before the job was advertised or interviewing began. To ensure accuracy, talk to the people already doing the job and their supervisors. Here is what you need to find out

  1. The job's essential functions, including any physical requirements
  2. Any secondary duties or responsibilities 
  3. Attendance requirements
  4. Any education requirement s and special skills necessary to perform the job
  5. Standards to which the person filling the post is held.
  6. The workers supervisors
  7. Any positions an incoming supervisor will be responsible for over seeing



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