dress1
Probably not appropriate in workplace

I’m not a fan of click-bait, so if you clicked the headline just to know whether your company can still have a dress code policy after the Supreme Court’s decision in EEOC v. Abercrombie & Fitch, the answer is “yes”.

But there’s an important caveat and

The long-awaited EEOC v. Abercrombie & Fitch case was released by the U.S. Supreme Court this morning, reversing the Tenth Circuit’s decision. You can download it here.

For anyone following the case, the decision shouldn’t come as a big surprise.  I’ve talked about the case before here and here.

The main holding of the case

My colleague, Peter Murphy, penned a great article in this week’s Connecticut Law Tribune discussing the uptick in cases challenging dress codes.

His conclusion?

As these cases demonstrate, employers remain free to establish dress codes or appearance standards that are appropriate for the nature of their business — whether chinos and golf shirts at

In the retail and hospitality industries, employers sometimes are searching for that special “look” that can help define them.   Abercrombie and Fitch is certainly one of those types of businesses, and you can think to various hotels, nightclubs or retail stores for other examples.

But is it legal?

That’s the subject of an interesting column