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The ESA does not prohibit employers from establishing dress codes in the workplace. For instance, an employer might require professional attire in an office setting or specific colours for retail staff. However, certain restrictions stem from the Human Rights Code and WorkSafeBC regulations (OHS). For example, dress codes cannot be discriminatory based on gender, religion, ethnicity, or disability, nor can they be unsafe. This means that employers cannot ban religious attire such as hijabs or turbans or require women to wear skirts or makeup. The only exception to these rules is an essential occupational requirement, such as safety. Some regulations may also vary by industry, and certain fields, like food service and hospitality, have specific guidelines. Furthermore, the detailed regulations differ between dress codes, special clothing, and uniforms. If you want to explore BC’s employment standards in more detail, consider taking a course on BC Employment Law.
Dress Code
Employers can require employees to follow a dress code without having to cover any cost or maintain or clean the clothing. For instance, they can ask employees to wear business casual attire, such as a white shirt, dark pants, and dark dress shoes, or ban jeans or cut-offs. Employees are given some freedom regarding how they meet that standard. Employers, especially in the retail industry, may be able to prevent employees from wearing clothing sold by competitors. In some instances, a dress code may also qualify as special clothing.
Uniforms or Special Clothing
The ESA defines a uniform as clothing that is distinctive to the business and identifies an employee as part of it. This may include employer-selected clothing featuring a company logo, a specific brand, a particular style, or an item from a specific retailer. Unlike dress codes, employers that mandate specific uniforms or branded clothing for their employees in the workplace must provide these at no cost. They cannot deduct the cost from wages or compel employees to purchase the clothing themselves, even when offering discounts or partial allowances. Unless an alternative agreement is reached, employers are also required to cover cleaning and maintenance costs and cannot charge a deposit for uniforms or special clothing.
Safety clothing and equipment, such as clothing for protection against the weather, general-purpose work gloves, safety footwear like steel-toe boots, and safety headgear, are required by WorkSafeBC for specific jobs. They must be provided by the employee unless otherwise agreed on. Additionally, they are usually not considered special clothing under the ESA unless they clearly identify the wearer with the employer, for example, through a company logo. The employer must provide any personal protective equipment required by the Workers’ Compensation Act for free.
BC Employees facing unfair dress codes or uniform policies have several options. First, they can use the Solution Explorer for Guidance. From there, they may file a complaint with the BC Employment Standards Branch or submit a formal complaint.
Employers in BC have the right to enforce dress codes. However, these policies must comply with the BC Employment Standards Act, the Human Rights Code, and WorkSafeBC regulations. While dress codes allow for flexibility, uniforms and special clothing come with increased employer obligations, including cost coverage. Safety clothing is generally the employee’s responsibility unless required under workplace safety regulations. Employees who believe a dress code is unfair or discriminatory have options to seek recourse, including filing complaints. Understanding the laws and distinctions outlined in this article helps both employers and employees navigate workplace attire regulations fairly and legally.
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