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Many companies have dress codes that require men to wear suits and women to wear dresses....

Many companies have dress codes that require men to wear suits and women to wear dresses. Is this discriminatory according to disparate treatment theory? Why?

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Answer #1

Dress code does not differentiate employees:

Disparate impact theory: A discrimination theory is “facially neutral practice of employment” disproportionately excludes the group of protected employees from opportunities of employment. Example: Disparate theory states that people are differentiated based on height. Women are mostly shorter than men and also people of certain ethnicity are short. Though this does not impact on protected groups it becomes a facially neutral practice of employment. Justification: Disparate impact theory does not have any relation with the issue of dress code in discrimination. Dress code does not discriminate one employee from the other but it occurs due to business requirement. Hence, it is socially acceptable and not a discriminating factor.

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