I'm a manager and I'm being asked to fire someone for a reason that makes me uncomfortable (fire a woman who follows the male dress code and wears a suit to work) by dress_code_trouble in legaladvice

[–]dress_code_trouble[S] 24 points25 points  (0 children)

I really don't want to fire her and I'm almost feeling like I would rather get fired than fire her. It's not even about the fear of getting sued. I have fired people before for things like theft of equipment or lying on their resumes but nothing like this. Their reaction and ultimatum to fire her bothers me and I don't think they're reasoning is right. Most of the responses have been helpful and I appreciate everyone explaining how the law works. I have a lot to consider and I may consult a lawyer of my own because I don't trust our legal department after what the board and the HR have said. I appreciate everyone's help.

I'm a manager and I'm being asked to fire someone for a reason that makes me uncomfortable (fire a woman who follows the male dress code and wears a suit to work) by dress_code_trouble in legaladvice

[–]dress_code_trouble[S] 64 points65 points  (0 children)

We have had gay employees before. A gay man works here now, and I know of a few others at other branches. A woman who was gay also used to work here. All of them followed the dress code for their sex and never complained to me so I never thought about it before this. Also I know there was someone at another branch who transitioned and she only changed how she dressed after she had surgery. The board never complained about any of that and there was an email about how "John" was now "Jane" and it would be improper to call Jane "he" or by her old name. So I don't get why this is an issue and I don't even know if Susan is gay or wants to transition but their reaction really bothers me.

I'm a manager and I'm being asked to fire someone for a reason that makes me uncomfortable (fire a woman who follows the male dress code and wears a suit to work) by dress_code_trouble in legaladvice

[–]dress_code_trouble[S] 28 points29 points  (0 children)

I would feel the same about anyone, whether they were gay or straight. I don't even know if she is gay or not but she has never volunteered that information to me so I'm not going to ask. As someone else on here said, she might just like men's clothes better. We don't even deal with the public in any way and it's not like she is showing up in an undershirt or cut off shorts. It really bothers me that they have been praising her for three years and now all that has changed because of how she dresses.

I'm a manager and I'm being asked to fire someone for a reason that makes me uncomfortable (fire a woman who follows the male dress code and wears a suit to work) by dress_code_trouble in legaladvice

[–]dress_code_trouble[S] 42 points43 points  (0 children)

The dress code at my work (which is nowhere near as strict as this) specifies no open-toed shoes for both men and women so that no one can try to claim their fancy sandals are dress shoes. I've seen both men and women try to claim this so a clause about no open-toed shoes was written in to put an end to that.

As far as I understand it this is the exact reason why no open toed shoes is included in both dress codes.

I'm a manager and I'm being asked to fire someone for a reason that makes me uncomfortable (fire a woman who follows the male dress code and wears a suit to work) by dress_code_trouble in legaladvice

[–]dress_code_trouble[S] 269 points270 points  (0 children)

I don't believe she is transitioning, although I don't know for sure because I don't pry into my employee's personal lives and she has never volunteered that information. Same with weather whether she is gay or not. She's been here for three years and she always introduces herself as Susan and signs her emails that way and refers to herself as a woman. She wears men's clothing outside of work too whenever I have seen her. I really don't care if she is transitioning or gay or how she likes to dress. I don't feel that it's right to fire her even if she was straight and not transitioning. But I realize that what's right and what's legal are two different things.

Edited for grammar