What are my rights if my boss has told me that I can’t wear shorts in the office and yet all of the men are allowed to wear shorts as well as the other women?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights if my boss has told me that I can’t wear shorts in the office and yet all of the men are allowed to wear shorts as well as the other women?

I feel like I am being discriminated against. He also indirectly threatened me with a lawsuit due to the fact that my work emails were forwarding to the COO. I was told I made an inexpensive mistake. It turns out we had a server error and none of it was my fault. I don’t know what to do.

Asked on July 12, 2012 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you feel that the reason you can't wear shorts is a form of sexual harassment or discrimination, then you may have a legal claim and should speak with your state's civil or equal rights division about the situation. But if there are non-sexual harassment or discrimination reasons--e.g. you have tatoos on your legs which other employees lack; you are in a different position, where shorts may be inappropriate--then you most likely do not have any claim.

(Note: while some form of sexual discrimination is most likely, if this is discrimination against you because of your race or your age over 40, it may be also be illegal discrimination. The other potential grounds for discrimination, such as on the basis of religion or disabilty, would not seem to be applicable.)

You can be discriplined, even terminated, for sending emails to the wrong person, unless you have an employment contract which limits grounds for discipline/termination or provides some process for it which must be followed; however, in the absence of a contract, you are an employee at will, and--so long as they are not discriminating on a protected basis (e.g. against you on the basis of your sex, race, religion, age over 40, or disability)--essentially any employment action may be taken against you.

It is unlikely you could be successfully sued. A successful lawsuit would have to establish your fault (such as you intentionally sent the COO the emails; or you were unreasonably careless, or negligent, in sending them) and also that there was some damage, loss, or cost caused by t his act.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption