For example, a dress code that allows women, but not men, to wear skirts would probably be acceptable. A policy may be discriminatory if it has a greater impact on one group of employees than another. A policy is illegal if it affects blacks more than whites, disabled more than non-disabled or Jews more than Christians. If a policy does affect one group more than another, the employer must have a business justification for the rule. Conflicts often arise when dress code policies and religious requirements clash.
Many religions require followers to dress in a certain way or wear certain items of clothing.
For example, a policy that prohibits employees from wearing hats may affect a Muslim employee who wears a head covering required by the employee's religion. For example, if you normally require employees to wear a t-shirt, you could accommodate the religion of a female Orthodox Jewish employee by allowing her to cover her arms. However, if wearing a particular item of clothing is required for safety reasons, you may require the employee to wear it even if doing so would discriminate against him or her. Work with an experienced lawyer in your state.