Employment Law Questions? Ask an Employment Lawyer.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.Yes, it is a form of discrimination, but it is not an illegal form. There are numerous forms of discrimination, which simply means when someone prefers one thing over another, or dislikes one thing more than others.For instance, refusing to hire people for an accountant position that have not passed the CPA exam is a form of discrimination.So, for employment law purposes, we only really consider things which are illegal forms of discrimination, specifically made illegal by some statute or case law. Things like race, religion, gender, age, disability or FMLA use have been made protected categories by statute, so discriminating based on those factors is illegal.Regrettably, one's dress has not been made a protected category and an employer can overtly discriminate on that basis, without facing any legal penalty.
You can certainly file an HR complaint, to have the employer address their own dress policy, but any relief you receive will be internal to the company.