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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15471
Experience:  Employment/Labor Law Litigation
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Can an employer legally measure an employees skirt to see

Customer Question

Can an employer legally measure an employee's skirt to see if it in within the dress code guidelines? Is a warrant necessary? Does a search like that constitute assault in WA state?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

A warrant is not necessary, because an employer is not the government or the police. The rules concerning illegal search and seizure do not apply to them.

 

They can ask to measure the skirt and if the person lets them measure the skirt, meaning that the employer doesn't physically have to hold the person against their willing to force the measuring, then it isn't any recognized form of assault either.

 

Just on the facts you've mentioned, it sounds like an uptight employer forcibly maintaining a stupid standard, but that doesn't make the action illegal.

Customer: replied 1 year ago.


Thank you. XXXXX think the action was based upon my age (over 40) rather than any actual violation of the dress code. The dress code says 3 inches from the kneecap. Mine was 2.

Expert:  Allen M., Esq. replied 1 year ago.
That is a different matter then. If you believe that you are being discriminated against based on your age, you need to contact the EEOC and file a complaint of age discrimination with them, based on the facts that you believe warrant that belief.
Customer: replied 1 year ago.


Thank you, XXXXX XXXXX actually doing that but wanted to know if measuring my hemline was legal or not. Thank you for your time.

Expert:  Allen M., Esq. replied 1 year ago.

No problem. It can be legal, but if you are being treated differently than others based on your age, that takes a legal action into the realm of discrimination.

 

Take care.

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15471
Experience: Employment/Labor Law Litigation
Allen M., Esq. and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


I also believe that I have been denied promotion based upon my age. (My dept. manager is younger than I) Last week were were called into the manager's office and informed that my office mate was receiving her third promotion in five years, based upon the fact that she was already doing the tasks for her new position and that it was just a recognition of that fact. I found that interesting since I have worked for the company 16 years and been doing the tasks normally expected of a senior staff or manager person for several years, but have been told that those tasks are "just expected" of me and the company doesn't want to create a new "title or position". Those tasks are not included in my job description and the other people who are doing the same job do not have those same expectations placed upon them. For example, I am the person who trains new personnel in the online system, I am the "go-to" person for questions and for trouble-shooting the online system. These tasks are normally associated with a senior person, but I have been repeatedly denied that position.

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