John Gilbert’s Post

I just came across an article about someone who was required to cover their tattoos every day at work and faced reprimands if they were visible. My immediate reaction was one of shock and disbelief. In 2024, it’s surprising that such outdated policies still exist. Tattoos are a form of self-expression, and many talented professionals have them. They don’t affect one's skills, work ethic, or ability to contribute meaningfully to an organization. Yet, some workplaces still enforce outdated policies that stigmatize and marginalize employees based on their appearance. As HR professionals, leaders, and colleagues, we should be advocating for a more inclusive and accepting work environment. This means re-evaluating dress codes and appearance policies to reflect modern values and respect for personal expression. What are your thoughts on tattoos in the workplace? Have you or someone you know faced similar challenges? #TattoosAtWork #Inclusivity #ModernWorkplace #HRThoughts #EmployeeRights

US Dept of Justice filed an amicus brief in Susan Giordano v. Saks & Co LLC, No. 23-600 (2d Cir), appeal brought by luxury retail workers at Saks who were prevented from finding other jobs in luxury retail because Saks had agreements with the other defendants, Louis Vuitton, Loro Piana, Gucci, Prada and Burnello Cucinello, not to hire Saks employees until at least six months after their employment had ended. DOJ alleges that Saks and the co-defendants violated Section 1 of the Sherman Act, 15 U.S.C. § 1, forbidding employers from entering into market-allocation conspiracies, including by conspiring not to hire, solicit, or otherwise compete for employees. DOJ alleges the District Court EDNY mis-interpreted the ancillary restraints doctrine. Meanwhile, the FTC is trying to ban non-compete agreements. #SusanGiordano #Saks #SecondCircuit #DOJ #Amicus #antitrust #ShermanAct #noncompete #luxury #retail

Sad and harsh. All this talk about #mentalhealthmatters and #wellbeingmatters in the #workplace it's all just talk, a tick box exercise. #loyalty #employmentlaw #employeerecognition #employeerights #employee #employmentcontracts #clarks #dorset #notice #noticeperiod #consideration #standards #standardsmatter #integrity #integritymatters #shop #mentalhealthawareness #womenatwork https://lnkd.in/db36UXtR

Have you ever wondered why you can’t wear white after Labor Day? First of all, you can. This “rule” orignated in the 19th century as a way for the upper class to distinguish themselves from the working class. “This is because laborers often wore darker clothing to hide the evidence of a hard day at work while the elite could wear lighter shades without worrying about stains. Furthermore, wealthier people who could afford coastal trips in the fall to get away from the cold would continue to wear white through the winter while laborers were expected to switch their whites for darker and warmer clothes following the last summer holiday.” So go ahead and wear your white whenever you want. Or pink. Or yellow. As much as I love wearing white, I always find a way to get ketchup, BBQ sauce or wine stains on it. And, if you need tips on how to wear white and be a professional, meet my friend Estelle Winsett , who has all the answers. What modern day accessory or attire do you think distinguishes the “upper class” from the laborers? Personally, I don’t know if there is such a thing because I don’t think the wealthy necessarily flaunt their wealth. Or do they? What do you think? #lawyers #workingmom #lawyer #attorney #womeninlaw

I got what would seem to be a perfunctory email from ADP, our payroll provider. It was about how summertime challenges notions of dress codes, including hairstyles. I was intrigued that their typical semi-robotic advice had this to say: Some examples of practices that could be found to violate laws that prohibit hairstyle discrimination include: • Prohibiting twists, locs, braids, cornrows, Afros, Bantu knots or fades. • Telling an applicant or employee with locs that they can't be in a customer-facing role unless they change their hairstyle. • Refusing to hire an applicant with cornrows because their hairstyle doesn't fit the "image" the employer is trying to project. • Transferring an employee to a non-customer-facing position because a customer complained about their Afro. Clearly the CROWN Act, and similar measures are having an impact. #workplace #equity #dresscodes #hair #summertimeblues

A Wardrobe Audit offers you insight into your shopping, hoarding, and storage challenges. The Wardrobe Audit Process Explained ➡️ https://lttr.ai/AGZBM #Declutter #WardrobeAudit #Organise

I’ve got questions????🤔 Does this individual look “professional”? Could this head wrap be worn in your workplace? Or is it against your company’s dress code? Does this head wrap impact their talent and abilities? Safety concern perhaps? Would prohibiting this head wrap in the workplace run the risk of discrimination? The CROWN act does not specifically mention anything about protective head wraps. Or does it? Protective hairstyles, yes. Protective head wraps, I’m not so sure. Sooo many questions. I’m not being funny. I’m genuinely curious. 🤔 Let me know in the comments below. #hr #humanresources #hrcommunity 📷 iStock

Dear #Employer, can you have a dress code that legally restricts employees from wearing head scarfs? It depends and . . . Probably not. 🤨 Generally, employers can implement dress codes that have a legitimate business reason and are not #discriminatory based on gender, race, religion, or other protected criteria. If an employee’s headscarf is a religious attire, employers must #accommodate practices unless there's a valid interference with job performance or safety. Accommodations might involve transferring employees to roles without safety concerns. Simply denying religious garb because it conflicts with your dress code, will get you in legal trouble. In a case involving a large clothing retailer, a practicing Muslim applicant wore a head scarf at her initial job interview. The scarf would have violated the store’s dress code, and she was not hired. The Supreme Court ruled that the applicant stated a good claim of failure to accommodate her religious practice, even though the applicant’s religion was never discussed during the interview and the applicant never requested an accommodation. When it comes to dress codes, it's essential to strike a balance between flexibility and professionalism while ensuring fairness and respect for all #employees. While dress codes are not a new concept, they serve different purposes. Safety concerns might warrant restrictions, whereas identifying uniforms are common for delivery personnel, physicians wear lab coats, and lawyers opt for conservative suits. If your preference leans towards business casual attire, ensure your dress policy is well-defined, written in the employee handbook, and widely communicated. Specify acceptable attire, clearly stating prohibited items. Managers should have the authority to enforce appropriate dress codes, especially during customer or visitor interactions. Respecting employees' comfort is crucial; those inclined to dress more formally should be encouraged to do so. Consequences for inappropriate attire should be transparent, ensuring consistency and fairness in enforcement. Also, check with an employment attorney to make sure your dress code passes legal muster. States are passing laws that affect what limitations employers can place on dress codes and you want to make sure you are following those laws. For instance, recent legal developments in various state jurisdictions emphasize the need to avoid grooming codes that could be seen as race discrimination, especially concerning hairstyles. If you manage employees, 🔔 follow me 🔔 to learn more about the fundamentals of #employment law and ensure you're well-informed to create a fair and compliant #workplace. #humanresources #employmentlaw #hr #utahemploymentcounsel