Legally kilted

[SB996]

The other day after much debate the head of my company's HR department with the VP decide that kilts were not appropriate unless worn for medical or religous reasons. With a medical or religous reason you can wear almost anything. The question is do any of my fellow x-markers know of any US legal cases to refute the HR deamons.

[Richland]

Yes it is called the Scopes Monkey trial....
Your HR guy has not evolved.....

I work for the federal Govt and they have not said a thing about my kilt.
I was stopped in the hall by our Exec director he is a two star Gen equiv.
he said "Wow thats a new one." and went on his way.

[Mysticwolf]

Unfortunately, private buisnesses can establish any type of dress code they desire, this goes for sttire and personal grooming as well. Unless there is something specific within a collective bargaining agreement which requires all changes to be subject to negotiation, I'd say you're out of luck.

[Mattg]

I've been wondering about that as well. Is there any law against forbidding kilts? I would hope kilts would fall under some sort of culteral acceptance thingy....

[phinz]

There have been several cases that have confirmed that it is acceptable to have different dress codes for each sex. I can't quote case law, but I've had this discussion with my boss, the VP of HR. (Yes, I'm an evil HR drone) on a couple of occasions when it came to the allowing of earrings worn by female floor staff but not by male floor staff.

[highlandcelt]

OK. Just WHO was it that deemed unbifurcated clothing is only acceptable for women? Women wear pants, and that is socially acceptable. So why is it that men are looked down on in certain situations, or are made an example out of, because of some IDIOTS insecurities about men in "skirts"? I welcome the positive attention I get while wearing my kilt out in public, but when someone, whom is obviously ignorant, asks me, I explain to them why. If there is an a-hole that gets belligerant, i simply raise the front of my kilt and 1 finger on my hand up to them, and simply walk away. If you treat me with respect, you'll get the same in return. If not, then say hello to "Spicey MacHaggis!". (If you listen to the Dropkick Murphys, you'll get my meaning. )

[KiltedCodeWarrior]

Hey highlandcelt, do you feel strongly about this??

Seriously, I would have to disagree with Phinz, I don't think that separate dress codes based on gender would be defensible in court. Dress codes based on safety concerns or other issues, applied equally to both sexes, are certainly understandable. If the dress code says a woman can wear a skirt, I don't see how you could prohibit a man wearing a kilt, or even a skirt if they so choose.

Also, with most medium to large corporations, diversity is a familiar initiative. I know that we have people of Indian descent wearing robes (might be a religious thing, I don't know) with no issues. Since I am a full-time kilt wearer in management at a large financial institution, I can tell you it can be done. If you are interested in my journey, here it is, including all my fears and the steps I took. It is a somewhat long thread, but might give you some insight.

[phinz]

Seriously, I would have to disagree with Phinz, I don't think that separate dress codes based on gender would be defensible in

But they already have been defended, and upheld. I just can't quote case law.

[jjoseph]

Hey highlandcelt, do you feel strongly about this??

Seriously, I would have to disagree with Phinz, I don't think that separate dress codes based on gender would be defensible in court. Dress codes based on safety concerns or other issues, applied equally to both sexes, are certainly understandable. If the dress code says a woman can wear a skirt, I don't see how you could prohibit a man wearing a kilt, or even a skirt if they so choose.

Well, having been a supervisor in a U.S.-based multi-national.... I have to say Phinz had it right. Current practice is that the company, not the employee, not the government, sets the standard for what is or is not acceptable wear; companies can and do distinguish based on gender. The exceptions are "protected groups" meaning groups protected from discrimination by law, which in this case would touch on health and religious issues.

Although some employers will allow kilts, many will not. Could you take it to court and win if you disagree with that? Possibly. It would depend on the circumstances. But unless you are part of a larger people group with the same general concern, you are probably S.O.L.

[mbhandy]

Are you married? Living with someone? Trying to have a kid? Get that count up go see a Doc. and liberate those swimmers. :rolleyes: Sorry! Mabe to Liberal for some?

MrBill