Legal Question in Sexual Harassment in New York

No Dress Code

I am a manager at a State Agency of 2000+ people. There is no official dress code, other than saying clothing must be ''appropriate'' (I believe Union issues have prevented HR from dictating anything more strict). I have an employee who some feel dresses ''too sexy'' for the workplace. I was asked to speak to her, and have refused. fearing I don't have any grounds since there is nothing firm to support this discusion... I feel it's all subjective and I, personally, feel she dresses much better than alot of other people (who don't work for me and I have no control over). I am trying to convince my bosses until there is a firm policy in place, we can not tell her it's our determination she needs to change her clothing without opening ourselves up to a sexual harassment lawsuit. Am I wrong?


Asked on 3/10/07, 7:18 am

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: No Dress Code

Not only are you acting prudently, but you should document your disagreement with your directives in writing, rather than verbally, to protect yourself in the event that they later accuse you of insubordinatin or fostering such an 'environment'.

Good luck!

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Answered on 3/22/07, 5:27 pm


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