25-3: Spotlight on Dress Code Policies - Discrimination Based Upon Gender

Burlington Coat Factory Warehouse, Inc., had a dress code that required male sales clerks to wear business attire consisting of slacks, shirt, and neck- tie. Female salesclerks, by contrast, were required to wear a smock so that customers could readily identify them. Karen O'Donnell and other female employees refused to wear the smock. Instead they reported to work in business attire and were suspended. After numerous suspensions, the female employees were fired for violating Burlington's dress code pol- icy. All other conditions of employment, including salary, hours, and benefits, were the same for female and male employees. Was the dress code policy discriminatory? Why or why not? [O'Donnell v. Burlington Coat Factory Warehouse, Inc., 656 F.Supp. 263 (S.D. Ohio 1987)] (See Title VII of the Civil Rights Act.)