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Governor Mike Braun
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Dress Codes and Discrimination in Public Places

Dress Codes and Discrimination in Public Places

Businesses and other places open to the public may establish dress codes or appearance policies. However, these policies must be applied fairly and may not discriminate against individuals based on protected classes.

Under federal and Indiana civil rights laws, businesses may not enforce dress codes in ways that treat customers differently because of characteristics protected by law.

Dress code policies should be applied consistently and should not create barriers for individuals based on religion, disability, or other protected classes.

What Is a Dress Code Policy?

A dress code policy is a set of rules that businesses may establish regarding clothing, appearance, or attire for individuals entering their establishment.

Examples of dress code policies may include:

  • Requirements for shoes or shirts in certain establishments
  • Restrictions on certain types of clothing for safety or health reasons
  • General guidelines related to attire in specific environments

These policies may be allowed as long as they are applied fairly and do not discriminate against protected classes.

Protected Classes and Dress Codes:

Dress code policies may become discriminatory if they are enforced differently based on a protected class.

Protected classes in public accommodations may include:

  • Race
  • Color
  • Religion
  • Sex
  • Disability
  • National origin
  • Ancestry

Businesses should ensure that their policies do not target or exclude individuals because of these characteristics.

Examples of Discriminatory Dress Code Enforcement:

Discrimination may occur when dress code policies are applied unfairly or when they restrict individuals because of protected characteristics.

Examples may include:

  • Refusing entry to someone wearing religious head coverings such as a hijab, turban, or yarmulke
  • Preventing a person from entering a business because of disability related equipment or clothing
  • Enforcing dress code rules differently based on race or national origin
  • Restricting cultural hairstyles or attire associated with a person’s background

Dress code policies should not prevent individuals from accessing goods or services because of protected characteristics.

Religious and Disability Related Attire:

Some clothing or appearance practices may be connected to religious beliefs or disability related needs.

Examples may include:

  • Religious head coverings or garments
  • Religious jewelry or symbols
  • Medical devices or disability related equipment
  • Clothing related to cultural or religious practices

Businesses should consider these factors when applying dress code policies to ensure individuals are not treated unfairly.

Applying Dress Code Policies Fairly:

Businesses should apply dress code policies consistently and ensure that rules do not disproportionately affect individuals because of protected classes.

When establishing or enforcing dress code policies, businesses may consider whether the policy is necessary for health, safety, or legitimate business reasons.

Applying policies fairly helps ensure equal access to goods and services.

If You Believe Your Rights Were Violated

If you believe a business denied access or treated you differently because of a dress code related to a protected class, you may be able to file a discrimination complaint.

The Indiana Civil Rights Commission investigates complaints involving discrimination in public accommodations, employment, housing, education, and credit.

To learn more about filing a complaint, visit the How to File a Discrimination Complaint page.