If a company has a dress code that applies to all employees can some employees be disciplined for violation while others are not?

For example, the dress code states

Asked on May 26, 2016 under Employment Labor Law, Maine


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that not all employees need be treated the same or even fairly. Workplace discrimination has to do with unfair treatment due to a worker's race, religion, nationality, age (over 40), disability, gender, etc. Since none of these factors appear to play a role in your situation, your treatment was legal. So although you may have been treated differently, even unfairly, it does not constitute legally actionable discrimination. The fact is that unless this disciplinary warning violated the terms of an employment contract or union agreement, you have no claim. "At will" employment, allows a company to set the conditions of work much as it seees fit. For their part, an employee can either comply, complain and risk termination, or quit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.