That changed in 1989, when the U.S. Supreme Court decided a case against Price Waterhouse. Ann Hopkins was one of 88 candidates for partnership in the Big Eight accounting firm. She brought more business to the firm than any other candidate. But she was not chosen for partner. The firm said she needed to "walk more femininely, talk more femininely, dress more femininely, wear make-up, have your hair styled, and wear jewelry." The partners complained that she used too much profanity "for a lady." One said she needed "a course in charm school."

The Supreme Court found that comments showed that stereotyped views of women were being used as criteria for partnership. If the defendants had used legitimate business standards, she would have made partner since she was an excellent employee.

Men are also protected against discrimination or harassment based on stereotypes about who is a "real man," which can include comments or coaching about dress or hair. In one case, a man for example, worked as a waiter in a Mexican restaurant. He was heterosexual, but his supervisor and co-workers barraged him with insults every day, calling him "her," "girl," "whore," or saying he "walked like a woman." In ruling that the waiter could sue for sexual harassment, the court relied on the Price Waterhouse case, finding that harassing a man because he does not live up to a societal stereotype of virility is every bit as illegal as discriminating against a woman who is perceived not to be "feminine" enough.

A "good grooming" standard for both sexes would be fine. But a dress or appearance standard cannot impose substantially different burdens on men and women. So, a restaurant can require men and women to wear different uniforms, but it cannot require only women to wear uniforms. An airline can require all flight attendants to wear contact lenses, but not just women. In fact, a federal appeals court recently ruled in favor of a class action by former United Airlines stewardesses who had been fired for exceeding the weight tables. Women were judged on having a medium frame; men were judged by weight tables based on a large frame. Similarly, if you're only counseling women and not men about their grooming or professional appearance, there may be grounds for a claim of sex discrimination.

You can have a dress or grooming standard that includes hiding such things as tattoos, hickeys, or piercings, especially in public contact positions. Again, make sure that you impose the same rules for both sexes.