Transgender employees and uniforms: what employers can and cannot require

A transgender employee filed a claim against her employer because she felt she was forced to wear a male uniform. According to her, this constituted discrimination. The Workplace Relations Commission did not agree. But what are the actual rights of transgender employees when it comes to workwear and uniforms? Can an employer require you to wear a uniform associated with a specific gender? In this article, I explain everything you need to know.

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Gender-specific uniforms and transgender employees

The employee worked at a hotel in Dublin, Ireland. When she started her job, she had received a uniform that she was required to wear during her work. Shortly after, a jacket and trousers were added to the uniform package. The jacket was a men’s model and because the woman had been born male, she did not feel comfortable wearing it. Although there were no discriminatory remarks, the men’s jacket still made her feel discriminated against.

When she indicated that she felt uncomfortable in the jacket, the front office supervisor offered to look for a women’s version. According to the hotel, there had been a delay in the delivery of uniforms, which meant not everything was in stock. As a solution, the employer offered that she could wear her own clothing. This meant that she had to provide her own jacket, as this was part of the dress code. According to the employer, the situation had nothing to do with the employee’s gender.

The made the news that the Irish Employment Equality Act 1998 had not been violated. The problem had arisen due to operational issues and not because of the employee’s gender.

 

Dismissed transgender employee wins case

This is not the first time that discussions have arisen around dress codes, uniforms and workwear for transgender individuals.

In 2019, American Aimee Stephens made the news when her employer raised concerns about her gender transition. When Stephens joined the funeral home, she presented herself as a man and therefore wore the male uniform. When she began her transition and identified as a woman, she wanted to wear the female uniform. However, shortly before she planned to do so, her employer dismissed her.

Stephens then filed a complaint with the Equal Employment Opportunity Commission. The commission ruled in favor of the employer, because the law did not explicitly protect transgender individuals at that time. However, the Sixth Circuit Court of Appeals ruled otherwise. The U.S. federal court stated that employers may not discriminate based on sex, and that this protection also applies to transgender individuals.

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Transgender employees and uniforms

The Stephens case made headlines worldwide and clearly shows how the law protects transgender employees, both directly and indirectly. This protection applies not only to situations in which employers dismiss someone because of their gender, but also to dress codes and uniforms.

In 2021, Justin Wetherell filed a complaint with the American Civil Liberties Union, an organization that advocates for the rights of American citizens. Because Wetherell identifies as non-binary, they did not want Alaska Airlines to require them to wear only a male or female uniform. The American Civil Liberties Union ruled that the complaint was valid.

Employers may set requirements for employee appearance, but they may not make distinctions between men and women. This means that employees, regardless of their gender, can choose from all garments within the uniform package. Employers must also apply the same rules to grooming, makeup and accessories.

 

Transgender employees and uniforms: what can an employer require?

In countries where the law prohibits discrimination based on gender, transgender individuals are protected. Employers may not dismiss someone because of a transition to another gender, nor can they force employees to wear only a male or female uniform.

That is what the law states, but in practice the situation often differs. Many companies still use gender-specific dress codes. Others have consciously chosen a different approach or have had to adjust their policies after complaints, as happened in the case of Alaska Airlines. The airline changed its dress code following the complaint.

There is, however, one drawback. Instead of giving employees the freedom to choose from the full uniform package, companies increasingly opt for a unisex fit. As mentioned earlier, designers often base unisex clothing on the male body. As a result, women do not only experience less comfort, but may also face safety issues. In an ideal situation, the dress code would be gender-neutral, while the garments themselves are not. The key difference lies in freedom of choice, not in fit.

 

Read more about gender, uniforms and the workplace

Want to explore more examples of how gender, identity and workwear intersect in practice? You might also find these articles interesting:

• Gender-neutral company clothing is a step backward
• Infections and crushed testicles due to British gender-neutral police trousers
• PLAY is the first airline with a gender-neutral uniform

 

Kind regards,

Aileen