According to the Ontario Human Rights Commission, "sexualized" or "gender-specific" dress codes may harm women, reinforce gender stereotypes, and exclude transgender people and other marginalized groups.
Mandatory gender-based dress codes in the workplace have been referred to as a "Title VII blind spot" by Jessica Robinson, writing for the Nebraska Law Review.
In Jespersen v. Harrah's Operating Co. (2006), the 9th Circuit Court of Appeals ruled that it was not sex discrimination for a casino in Nevada to fire a woman worker who choose not to wear makeup to work.
[7] While initially divided, federal courts in the United States have subsequently unanimously ruled that separate hair lengths for men and women do not constitute sex discrimination under Title VII.
However, the Equal Employment Opportunity Commission has concluded that "absent a showing of a business necessity" separate grooming standards for men and women do constitute sex discrimination under Title VII.