Question

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

It’s not a discriminatory practice because disparate treatment refers to discriminating people in employment based on one’s race, religion, gender etc. This would mean that the law is not about the corporate culture but about the employment itself. Each company has its own corporate culture which would determine the work culture, timing, dress code etc. due to the complexity found in different jobs. If the company discriminates between the women employees based on their race or religion, it would be considered discrimination.

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