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.
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.
Thank you, XXXXX XXXXX actually doing that but wanted to know if measuring my hemline was legal or not. Thank you for your time.
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.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).