Dress Code for Librarians

The role of a professional organization can be to set codes of conduct, perhaps including professional dress.  The American Library Association does not have a dress code, but some researchers are trying to determine whether it should according to a “Annoyed Librarian” column at Library Journal.  The post links to the survey which is worth a look, including questions such as whether “name tags” would be assets and whether a dress code would “increase the perception and role of librarians” or “increase salaries across the profession.”  The survey also posits the ultimate question of whether the American Library Association should pay attention to the issue.   The views of “Annoyed Librarian” and the commentators to the column are decidedly negative.

Librarian dress, like academic dress, was once highly regularized.  Although perhaps he did not dress for his usual workday in a similar fashion, here is the portrait of Thomas James, the first Librarian at the Bodleian Library at the University of Oxford:

Thomas_James,_librarian

Today, many professions, employers and workers struggle with the concept of “dressing professionally.”   Whether there should be policies, especially if those policies can result in adverse employment actions, is a hotly debated question.  Because many librarians work in public libraries, schools, or universities, there are certainly First Amendment considerations.  If the dress code makes distinctions based on gender, that would raise a raft of concerns in both public and nonpublic libraries.

 

 

 

Graduation: Not Suitably Dressed Parents Excluded

The usual public high school graduation ceremony controversies involve the graduates: must the graduate wear a robe? are the robes gender-segregated?  must the robes not be adorned with cultural, religious, or other insignia?

But reportedly, a public high school in Virginia excluded a graduate’s parents for not conforming to the graduation dress code because they were  wearing “jeans and tennis shoes.”

Steve Jobs, wearing his trademark jeans and tennis shoes (and black turtleneck)

Steve Jobs, wearing his trademark jeans and tennis shoes (and black turtleneck)

Just as students have constitutional rights at graduation, so do spectators.  The parents may have a difficult time arguing that their dress was sufficiently “expressive” to meet the threshold for a First Amendment claim.  But the parents may have an easier time arguing that the dress code for spectators infringed upon a liberty interest under the due process clause of the Fourteenth Amendment.

In any case, the school principal’s argument that there was advance notice of the dress code holds little weight: the problem is not notice, but the substantive restrictions placed upon parents coming to a public school ceremony to see their child graduate.

[image of Steve Jobs via]

Sociopathic Flip-Flops

How do sociopaths dress?  Inappropriately?

That’s the implicit argument in a pseudonymous article by M.E. Thomas published in Psychology Today, “Confessions of a Sociopath,” adapted from her book by the same name.

To be sure, Thomas also implicitly argues that sociopaths make the best attorneys – – – and law professors – – – but dressing the part is not as easy as it might seem.  Thomas writes that when she at a law firm, supervised by a senior associated named “Jane,” Thomas exploited Jane’s insecurities.  Appropriating the usual “dress for success” model, Jane is described as putting “much effort into dressing appropriately,” although M.E. Thomas also describes Jane’s “pale skin mottled with age, poor diet, and middling hygiene”  as “evidence of a lifetime spent outside the social elite.”

Thomas contrasts herself: “I wore flip-flops and T-shirts at every semi-reasonable opportunity.”

800px-Woman_wearing_red_flip_flops

Readers are to believe, it seems, that Thomas’s failure to dress for success is yet another manifestation of her manipulative and sociopathic personality.

Yet we should be wary of generalizing personality defects or even traits from preferences in attire.  Employers have long penalized workers, especially women, for their failures to “dress professionally” and have ascribed pathologies to employees’ failure to conform.  Flip-flops, even at a “semi-reasonable opportunity,” may not mean anything at all.

[image via]

The Book

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The intertwining of our clothes and our Constitution raise fundamental questions of hierarchy, sexuality, and democracy. From our hairstyles to our shoes, constitutional considerations both constrain and confirm our daily choices. In turn, our attire and appearance provide multilayered perspectives on the United States Constitution and its interpretations. Our garments often raise First Amendment issues of expression or religion, but they also prompt questions of equality on the basis of gender, race, and sexuality. At work, in court, in schools, in prisons, and on the streets, our clothes and grooming provoke constitutional controversies. Additionally, the production, trade, and consumption of apparel implicate constitutional concerns including colonial sumptuary laws, slavery, wage and hour laws, and current notions of free trade. The regulation of what we wear – or don’t – is ubiquitous. From a noted constitutional scholar and commentator, this book examines the rights to expression and equality, as well as the restraints on government power, as they both limit and allow control of our most personal choices of attire and grooming.

See the Table of Contents and Read the Introduction here

US BOOK LAUNCH/PRESENTATION at CUNY LAW September 19, 2013
CANADA Book Launch/Presentation at Osgoode Hall September 23, 2013
UK Book Launch/Presentation: November 26, 2013

Listen to a 5 minute interview with Jacki Lyden aired on NPR’s ALL THINGS CONSIDERED here;  a 12 minute interview with Mocrieff aired on NewsTalk IRISH radio here (starts at 35:00); a 60 minute interview on NPR’s The Diane Rehm Show here; a 20 minute interview with Brian Lehrer of WNYC  here;  a 15 minute interview on LA’s KPCC  “AirTalk” with Larry Mantle on school dress codes here;  a 60 minute discussion on Wisconsin Public Radio’s The Joy Cardin Show here;  a 15 minute discussion with Margaret Ramirez on CUNY’s “Book Beat” here.

Read an interview with Carrie Murphy on the fashion site Refinery29 here; an interview on UK’s LawBore here; a BBC article on the book here; a review by Dean and Professor Kim Brooks in Jotwell here.

 

BUY THE BOOK
at your local independent bookstore,
direct from Cambridge University Press (PB US $32.99),
or as an e-book (Kindle app) (US less than $15)

From the UK: Virgin Trains Dress Code

The UK Guardian has the full story  ((h/t Sonia Lawrence), discussing

reports that Virgin Trains’ female staff have rejected their new uniform as it includes a “flimsy” and “revealing” red blouse that they believe would allow passengers to see any dark coloured underwear.

It also reports on the “solution”:

The firm’s business support director, Andy Cross, has reportedly responded to the concerns, writing on the Virgin staff website: “It’s important that our people feel comfortable and so we will be issuing vouchers in the next few days for ladies to buy undergarments to wear under their blouses.” Apparently the vouchers are to the value of £20 and the implementation of the new uniforms has been put back.

As the story says, employment dress codes are nothing new. 

Woman in Maid's Uniform circa 1884

Woman in Maid’s Uniform circa 1884

 

 

Chapter 4 of Dressing Constitutionally is entitled “Dressing Professionally.” 

No Seersucker Suits in Missouri

Missouri State Senator Ryan McKenna proposed that seersucker suits be prohibited garb for anyone over the age of 8.  His amendment was to SB437 seeking to modify the way the state funds public institutions of higher education by creating a new model for calculating institutions’ state funding.

Reportedly, while the senator’s amendment was in “jest,” it was a response to a trend among Missouri legislators wearing seersucker suits.

The United States Congress has its own tradition of “Seersucker Thursday,” adopting the Southern style lightweight-weight fabric as summer begins in June.

Seersucker_Thursday_2006

 

 

 

 

 

 

 

 

 

[image: Seersucker Thursday in Senate,2006, via]

Off-duty Officers Don Uniforms for Exxon

Authorized by their departments, police officers are wearing their official uniforms while moonlighting for Exxon in response to a recent oil spill. Exxon’s Pegasus pipeline runs from IllinoisAR Oil Spill 2 to Texas, carrying more than 90,000 barrels of crude oil per day. On Friday, March 29, a leak in the pipeline flooded Mayflower, Arkansas, with thousands of gallons of oil, requiring the evacuation of 22 homes and wreaking havoc on the environment.

The oil giant’s response has prompted various ridicule, including Rachel Maddow’s jabs for its use of paper towels in the cleanup and Stephen Colbert’s satirical mockery of the fairly effective efforts to create “press blackout” (see for example, threats of arrests made to reporters).

Additionally, the cleanup effort raises a novel issue — as reported, Exxon now employs “at least 19 local law enforcement officers in uniform as security guards” during their off duty hours.

One official was reported saying that Exxon requires the off-duty officers to wear their police uniforms, while an Exxon spokesperson told reporters that “whether an officer wears the uniform is up to the individual.”

Cop_Exxon_oil_spill_Lake_Conway.png.492x0_q85_crop-smartThe Arkansas Sheriffs’ Association told reporters that if the officers’ department approves then “officers are allowed to wear their uniforms, even when off duty and working for a private company.”

Some argue, including local County Judge Allen Dodson who is helping to oversee the efforts, that police officers are performing similar services for Exxon as when on duty — providing protection and helping the community. Others, however, are concerned about potential conflicts of interest (including those threats of arrests made to reporters).

While officers may not have a First Amendment right to wear their uniforms when prohibited by the department, wearing a uniform imbued with state authority in service of a private company complicates matters, including raising questions of state action in light of any foreseeable constitutional claims.

[Image via 1 and 2]

First Class Jeans

Are jeans appropriate attire for a first class cabin on an airline?  According to a complaint filed in federal court in California in Warren v. U.S. Airways, some airline employees think the answer depends upon the race of the body wearing the jeans.

JeansAccording to the complaints’ allegations, two African-American men boarding a plane in Denver on a flight to L.A. were told that they needed to change their clothes in order to use their first class tickets because “everyone in first class is required to wear slacks, button up shirts, and no baseball caps.”  The men, brothers, changed their clothes and boarded the plane.  Other men in first class, however, did not conform to the announced dress code.  Indeed, according to the allegations, a pair of men – – – one white and one Filipino – – – were both wearing jeans and hooded sweatshirts.  These men stated that they were never informed there was a dress code for first class cabin.

The airline, as a private rather than governmental entity, is not subject to constitutional constraints.  However,  the airline is subject to several federal statutes that prohibit discrimination on the basis of race, including in public accommodations, by recipients of federal funding, and in the impairment of contracts.  The complaint also includes a state law discrimination claim as well as state law tort claims for infliction of emotional distress.

If the plaintiffs can prove their allegations, the airline has cause to worry that its employees have engaged in racial discrimination.     And if the plaintiffs can get to a jury, it would be unlikely anyone on that jury who has been a customer of an airline in the past several year will find a first class cabin “dress code” credible. 

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Marine Dress Blues


800px-Defense.gov_News_Photo_090522-N-8395K-001This June,
Wisconsin high school senior Mac Hamlin might not participate in his high school graduation because school administrators have not sanctioned his desire to don his marine dress blues during the ceremony — a deviation from the traditional cap and gown dress code.

The Hudson School District released an official message about the School’s rumored denial of Hamlin’s wish to wear the uniform. According to the release, the Principal has responded to individual inquiries about the dress code “based on long standing past practice and what the high school ceremony represents – a culminating successful accomplishment of required work during the high school years.” The release suggests if Hamlin were to make an official request, it would be considered in light of its affect on “all future graduation ceremonies.”

In 2010, a similar situation occurred in South Dakota when graduating senior Aloysius Dreaming Bear formally requested to wear traditional Lakota dress to his graduation ceremony. All ten members of his graduating class were Lakota, and nine of them formally supported Dreaming Bear’s request (with one somehow unaware of it), recognizing it would be symbolically powerful and meaningful to them as a community.

Nevertheless, the Principal and school board rejected Dreaming Bear’s request, saying they valued the universal meaning of the traditional cap and gown as “‘academic measures of recognition’ … symbolic of the unity of the 2010 graduating class.” Determined, Dreaming Bear sought a preliminary and permanent injunction against the school board and school district for violating his right to free speech under the 1st Amendment.

The District Judge rejected Dreaming Bear’s claim. Although noting Dreaming Bear’s admirable intentions, the Judge decided that the graduation ceremony was “not a public forum open to public expression of speech” as it is a school sponsored event. The Judge also noted that graduation was for the school and community as a whole and that the traditional cap and gown “is part of the very fabric of the academic experience throughout the nation.”

The Marine Corp’s response to Hamlin’s situation in Wisconsin reflects a similar nod of respect for the time-honored cap and gown. But Hamlin seems to take a similar stance as Dreaming Bear, telling reporters “If I’m not going to be able to wear my dress blues, I’m just not going to walk … It’s not about the clothes, it’s about the principle.”

If Marine Hamlin were to seek an injunction like the Lakota Warrior, it would be interesting to see how the court would consider the school’s refusal to sanction the student’s expression of free speech in the context of a military uniform. But it is unlikely Hamlin would need to take such action, because political pressure from the community has proven to be effective in the past for young servicemen and -women who want to receive their diplomas in their newly acquired uniforms.

[image via]