By Liz Hartsel 

Setting and enforcing dress codes is a common practice for employers. However, many states, including Colorado, have specific regulations guiding how employers should apply these policies to ensure they are legal and nondiscriminatory. Here’s what Colorado employers need to know when planning and implementing dress codes. 

Colorado Dress Code Regulations 

Best Practices for Implementing a Dress Code 

1. Ensure Dress Code is Non-Gendered  

Under Colorado law, employers are allowed to set reasonable dress codes. However, businesses should apply these policies consistently and avoid discrimination based on gender identity. According to the Colorado Code of Regulations (C.R.S. § 24-34-402(5)), a dress code must serve “a reasonable business or institutional purpose” and not force employees to dress in a way that contradicts their gender identity (3 CCR 708-1, Rule 81.8).  

This means moving away from traditional gendered dress code policies and toward more inclusive guidelines focusing on clothing type rather than gender. For example, instead of saying, “Men should wear suits” or “Women should wear skirts,” the dress codes should state that employees must wear professional business attire and describe acceptable clothing options like suits, slacks, dresses, or skirts—regardless of gender. Grooming requirements should not place an unequal burden on any particular gender, such as requiring women to wear makeup, dresses, or high heels.  

2. Describe the Dress Code with Specificity.

There are three common types of dress codes: 

• Business Casual: Employees may wear casual slacks, skirts, collared shirts, blouses, or sweaters. Jeans, sweatpants, or ripped clothing are generally inappropriate. Encourage employees to exercise sound judgment while maintaining a neat and professional appearance. 

• Business Formal: This attire typically includes suits, dresses, or pantsuits. Employers can decide whether this dress code is necessary daily or only for in-person meetings, but you must communicate the standard clearly.   

• Casual: Even if you are comfortable with a more casual workplace, you will still want to provide boundaries around common sense and professionalism, such as disallowing clothing with profanity or hate speech.  

3. Make Accommodations for Disabilities, Religious and Cultural Practices 

Employers must be aware of potential legal pitfalls when creating dress code policies and ensure that they are inclusive of employees’ disabilities, cultural practices, and religious beliefs. Dress codes that disproportionately affect certain racial or ethnic groups, such as banning specific hairstyles, may violate anti-discrimination laws. 

For example, women’s headscarves or men’s beards worn for religious reasons should be permitted; if a female employee’s religious beliefs require them to wear a skirt instead of pants, employers must accommodate this; if an employee with a disability requires a specific type of clothing or style of shoe to accommodate their disability, employers must accommodate this. Also, Colorado employers cannot ban ethnic hairstyles protected by the state’s “CROWN” Act, which prohibits discrimination based on hairstyles associated with African descent, such as locs, braids, cornrows, and afros. Failure to honor these accommodations can result in legal challenges and damage to an employer’s reputation. For additional information about the CROWN Act, please review our previous blog post. 

4. Communicate Your Dress Code in the Employee Handbook  

Doing so ensures transparency and helps employees understand the employer’s expectations. Employers should plan to review their dress code policies annually and consult with an employment law attorney to ensure the dress code meets legal standards and reflects the diverse needs of their workforce.