Comments From Steve Kruzel Included in International Employment Lawyer Article About Circuit Court Ruling on NLRB Dress Code Dispute
Steve Kruzel, a Quarles & Brady partner in the Labor & Employment Practice Group, was quoted in an International Employment Lawyer article examining a recent federal appeals court decision involving Starbucks' employee dress code policies and the display of union insignia in the workplace.
The U.S. Second Circuit Court of Appeals sided with Starbucks, overturning a ruling by the National Labor Relations Board (NLRB).
In the article, Kruzel discussed the various legal considerations employers must take into account when developing and enforcing dress code policies, including obligations under the National Labor Relations Act, Title VII, the Americans with Disabilities Act, and state laws governing hair and grooming standards. He emphasized the importance of applying policies consistently and ensuring that workplace standards are tied to legitimate business reasons.
An excerpt:
Quarles & Brady’s Steve Kruzel adds: “While dress code policies may seem simple, they bring together a number of potential legal obligations of which employers must be mindful of when creating and implementing an effective and legally compliant policy.
“These include religious accommodation obligations under Title VII, potential disability accommodations under the ADA, various state laws related to hair and grooming standards, and the NLRA.”
In all these areas, Kruzel stresses that consistency is critical. “Selective enforcement of when the dress code matters invites disparate treatment claims. Every standard should therefore be tied to a legitimate business reason, written in specific and objective language, and be paired with a clear accommodation process if applicable.”