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  1. #1

    Default Uniform Policy Not Applied to All Workers

    My question involves labor and employment law for the state of:Texas

    Our Employer said they would send Flight attendants home with a disciplinary action which would effect our paycheck with a Mistrip if we were not dressed correctly regarding our uniforms, but they are not doing the same disciplinary action with the pilots and gate agents who received new uniforms as well. Is this legal for them to do this? shouldn't the disciplinary action be enforced for all employees? We all have contact with the general public. Also the mangers who will be enforcing the dress code and removing flight attendants from trips, receive uniforms as well, but do not wear them, shouldn't they adhere to the same standards? Thank you

  2. #2
    Join Date
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    Default Re: Uniform Policy Not Applied to All Workers

    This is probably an issue for your union to look at. I can see them possibly applying it to gate agents as well but pilots aren't exactly falling off trees so they cannot afford to pull one from a flight for a dress code issue.

    Is there a reason you cannot adhere to the dress code or have you been subjected to action based on said dress code by management?

  3. #3
    Join Date
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    Default Re: Uniform Policy Not Applied to All Workers

    generally yes, different standards can be upheld unless the reason for the difference is due to a protected characteristic. That is, are they applying this to FAs because they are (mostly) female but not to pilots because they are (mostly) male? Or it is because the FA spends much more 1 on 1 time with the customers compared to pilots or gate agents? Has the airline gotten more complaints regarding FAs than other groups etc? Or is it just the FA management that want to see their group dress correctly?

    In the end it's hard to argue that you shouldn't have to follow policy just because others aren't doing so.

  4. #4

    Default Re: Uniform Policy Not Applied to All Workers

    I sent my uniform off to be exchanged and I am worried they will not return the exchanges in time, so I will be disciplined for not having a complete uniform and sent home which will result in breaking my guarantee per our JCBA.

    Its not so much the policy but rather the fact that they will enforce disciplinary action which results in effecting our paycheck negatively, I feel this disciplinary action should be consistent with all agents and pilots as well. Not just fa singled out.

  5. #5
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    Default Re: Uniform Policy Not Applied to All Workers

    Quote Quoting sunshinekeeper
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    Its not so much the policy but rather the fact that they will enforce disciplinary action which results in effecting our paycheck negatively, I feel this disciplinary action should be consistent with all agents and pilots as well. Not just fa singled out.
    There are no laws that require employers to treat all employees exactly the same. Your only recourse for this is your union.

  6. #6
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    Default Re: Uniform Policy Not Applied to All Workers

    Quote Quoting sunshinekeeper
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    I sent my uniform off to be exchanged and I am worried they will not return the exchanges in time, so I will be disciplined for not having a complete uniform and sent home which will result in breaking my guarantee per our JCBA.
    Common sense would dictate that you tell your boss in advance that you might have a potential uniform issue and see if you can be excused, rescheduled without penalty, allowed an alternate mode of dress, or buy or borrow a replacement.

  7. #7

    Default Re: Uniform Policy Not Applied to All Workers

    Quote Quoting adjusterjack
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    Common sense would dictate that you tell your boss in advance that you might have a potential uniform issue and see if you can be excused, rescheduled without penalty, allowed an alternate mode of dress, or buy or borrow a replacement.
    Please don't insult me by saying "common sense" as you do not know what its like in my work group and the management we deal with.

    and yes I spoke to my manger about it, no solution was given, even regarding the fact that I require orthopedic shoes at work. They simple just redirect employees to the vendors... rather then having management deal with it.

  8. #8
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    Default Re: Uniform Policy Not Applied to All Workers

    Quote Quoting sunshinekeeper
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    Please don't insult me by saying "common sense" as you do not know what its like in my work group and the management we deal with.

    and yes I spoke to my manger about it, no solution was given, even regarding the fact that I require orthopedic shoes at work. They simple just redirect employees to the vendors... rather then having management deal with it.
    You can argue all you want but there still aren't any laws that address your issue. Speak to your union.

    And what about those ortho shoes that you never bothered to mention 'til now? Are you disabled? Are the shoes prescribed by a doctor? And in spite of being disabled and having to wear ortho shoes prescribed by a doctor, your manager is refusing to allow you to wear said ortho shoes at work, even after you formally requested an accommodation under the ADA? Or what?

  9. #9
    Join Date
    Dec 2019
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    Default Re: Uniform Policy Not Applied to All Workers

    Quote Quoting sunshinekeeper
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    Please don't insult me by saying "common sense"
    Quote Quoting eerelations
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    You can argue all you want...

    And what about those ortho shoes...
    As you can see there are a handful of trolls that work this website. Please excuse them for they have nothing better to do with their time than to anonymously insult people.

  10. #10
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    Default Re: Uniform Policy Not Applied to All Workers

    Quote Quoting sunshinekeeper
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    shouldn't the disciplinary action be enforced for all employees?
    Perhaps it should as a matter of good management. But there is nothing illegal about what the employer is doing. The law allows an employer to treat different people in different positions in the company differently. As an often used example, the CEO may be treated differently than the guy who sweeps the floors. Similarly, pilots may be treated differently than flight attendants, gate agents, ground crew, etc. They each perform distinctly different positions, have distinctly different qualifications, and in most U.S. airlines are represented by different unions and have different contracts with the airlines. So any recourse you have here with this is through your union. Apart from that, the employer is doing nothing legally wrong applying the policy just to flight attendants.

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