An employer cannot demand an employee to dress a certain way unless related to a company dress code (standard company uniform, protective gear, etc.), or if an employee’s attire is reasonably offensive to the public (showing nudity, subjected to sexualized clothing, etc.)
However, employers reserve the right to regulate their company dress code policy, as long as it complies with the Ontario Human Rights Code (the Code). Each company must ensure that its dress code is designed to be inclusive to all employees — men, women, people with disabilities, or people who require accommodation for religious reasons. The requirements for any dress code must be made in good faith and must be genuinely required to perform the job (Human Rights at Work, 2008).
It is important to remember that dress codes are company-specific, meaning they vary across organizations. It’s essential to review the employment contract to familiarize yourself with the organization’s policies and expectations before signing on.
Moreover, an employer cannot terminate an employee solely based on how they dress unless it violates the company’s dress code or damages its public brand. For example, an employer reserves the right to discipline an employee wearing a competitor’s t-shirt at work or perhaps wearing something that depicts the company in a bad light. Furthermore, employees are not expected to attract clients by wearing sexualized clothing.
Wrongfully terminating an employee based on their appearance, constitutes discrimination, which is a relatively hefty offence.
A word of advice is always to ask questions when in doubt. Never shy away from asking questions for clarity and certainty.
For more information regarding the topic of dress codes at work or violations under the Ontario Human Rights Commission, please contact us directly for more assistance: ✉️ [email protected]
Resource(s): Human Rights at Work, 2008 – Third Edition, Section IV, Part 7. Ontario Human Rights Commission.