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As an employer, you may set dress and appearance regulations, and in doing so, sometimes make a distinction between men and women. However, this must be objectively justified. A make-up requirement for women only may constitute prohibited discrimination on the grounds of sex if there is no good reason for it.
Regulations are allowed, but within limits
Based on your right to issue instructions, you may establish regulations regarding clothing and appearance, for example to ensure a professional appearance. A distinction between men and women—such as different uniforms for stewards and stewardesses—may also be permitted. However, you must handle this with caution.
Distinction must be objectively justified
If you discriminate on the basis of sex, there must be an objective justification for doing so: a legitimate aim, with an appropriate and necessary means. A regulation that requires women to wear make-up while nothing comparable applies to men often lacks that justification and may therefore constitute prohibited discrimination on the basis of sex.
Equal treatment legislation
Equal treatment legislation prohibits discrimination on the basis of, among other things, sex, unless justified. The Netherlands Institute for Human Rights and the courts assess compliance with this. A provision that places a disproportionately heavier burden on women and cannot be objectively justified will not stand.
This is how you do it right
Establish regulations that are balanced for men and women and that you can substantiate with a legitimate purpose, such as hygiene, safety, or representativeness. Avoid requirements that burden only one gender without good reason. Establish the policy in a neutral and proportionate manner.
Frequently Asked Questions
May I set different dress codes for men and women?
Under certain conditions, yes, provided the distinction is objectively justified by a legitimate aim and an appropriate, necessary means.
Am I allowed to require women to wear makeup?
Often not: without objective justification, that can constitute prohibited discrimination on the grounds of sex.
Who tests this?
The Netherlands Institute for Human Rights and the judge, based on equal treatment legislation.
Want to have your dress policy legally reviewed?
Our legal experts establish a balanced policy in your employee handbook. View our employment lawteam or schedule a free consultation.
