How can you ensure that a uniform policy is not discriminatory?

Generally speaking, a uniform requirement is not unlawful. Any uniform policy must be applied evenly-it must not be enforced against members of only one sex, race, national origin, or religion. Thus, female employees cannot be required to wear a uniform while male employees are permitted to wear business attire.

Pregnancy. Uniform policies may make exceptions for pregnant employees. A policy that requires all employees to wear uniforms, but that allows pregnant employees to wear regular maternity clothes, would not constitute unlawful sex discrimination so long as male employees are allowed to deviate from the uniform requirement when medically necessary. On the other hand, refusing to exempt a pregnant worker from uniform requirements while allowing men to deviate from the requirements when temporarily physically disabled would be unlawful.

Religion. Employers must make reasonable efforts to accommodate religious beliefs. An employee cannot be prohibited from wearing religious garments unless you can prove a business necessity, such as safety. You may have to modify a uniform that consists of pants to accommodate an employee whose religion requires that she wear a skirt if the wearing of a skirt would not interfere with the safe and efficient operation of your business. Or you may have to modify a uniform to allow a Muslim to wear a hijab or head scarf.

Provocative dress. Uniforms must also be suitable. Some uniforms can create an intimidating, hostile, or offensive working environment based on sex. Employers are subject to claims of sexual harassment if: (1) the outfit required to be worn is sexually provocative or revealing, and (2) wearing the outfit would likely result in the wearer's being subjected to unwelcome verbal or physical sexual activity.