Founder and academic director of the Fashion Law Institute, Professor Susan Scafidi, provided her expert opinion to the HuffPost Life article that explores legal questions around workplace dress codes that differ between genders.
“A dress code could require women to wear bras in theory, but only if it was equally expensive or burdensome for men to do so,” Scafidi said. “A more modern dress code would probably say something like, ‘You have to cover the area between the collarbones and the knees, or the upper torso below the collarbones, and nipples may not be visible.’ Technically, that would apply to both men and women.”
If you knew you couldn’t show your nipples through your clothing, you would have a clear expectation on how to present yourself at work. If your boss wants bra-wearing employees, they should ideally have a clear gender-neutral dress code stating bodily areas needing coverage.
Without a clear dress code, the issue becomes a legal gray area. A vague statement like “no inappropriate revealing clothing” is subject to interpretation, said Scafidi.
