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My boss said i cant dress thats why im not getting no hours

Brentwood, CA |
Attorney answers 5


Do you have a question? Assuming your question is whether or not your boss can discriminate against you because you do not dress fashionably while working in a used fashion store -- the answer is yes. You have not cause to complain on that ground.

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Discrimination on the basis of your clothes is not unlawful unless it is a cultural or national origin discrimination. It is possible that employer comments associated with your clothes could be a form of sexual harassment, but your facts do not disclose anything that would allow for that.

Good luck to you.

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As stated, this behavior, without more, is not discrimination. Have the manager give you examples of "fashionable" outfits from the store's stock.

Attorney Inga Stevens is licensed in Maine. She provides general information on No attorney-client relationship arises out of the information given here.


Think about it - if you were selling fashion, wouldn't you want your employees to look fashionable? In the grand scheme of things it's all a matter of taste, but it's your employer's taste that matters, not yours. Without language to the contrary in an employment contract, employment in California is "at will" and you can be fired on your employer's whim for anything that's not protected by anti-discrimination laws (race, gender, age, sexual preference, national origin, etc.). If you are a female, and you have male co-workers who dress like slobs, and you feel you are being unfairly singled out because of your gender, then you *might* have an argument that you are being discriminated against, but then again men's and women's fashions might be apples and oranges in a situation like yours - I really don't know enough about fashion to make that call, but if you think there is a gender discrimination issue, consult an attorney who specializes in that.

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I can dream up a lot of possible legal issues if I were to fill in some of my own facts, but according to what you have written you have no legal issue. A boss commenting on an employee's appearance always gets us lawyers thinking about sex harassment, but you need more facts. Also, if you were wearing a hijab that might raise some issues, but again, you need more facts.

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