'Fashist,” pronounced 'Fa-shist, distinguishes those who discriminate against the fashion-conscious. To them, dressing the body is a matter of necessity, not aesthetics. Surprising as it may be to these sartorial Luddites, fashion is more than a conduit for narcissistic self-indulgence. The expression of fashion is governed by real conditions in society, and this dependent relationship is evidence of fashion's oft-unrecognized but discernable impact on identity. Still have doubts? Leave 'em at the curb alongside the “Power Suit,” a Polyblend that transforms the host so convincingly into a humanoid refrigerator that Michael Bay should gather the Autobots for yet another sequel. While the “Power Suit” was the uniform of choice for a generation of independent, career-minded women who fought for a “seat at the table,” the modern woman must cast off the chains of patriarchal fashion and embrace the styles sported by her contemporaries. Assuming a masculine facade is an antiquated expectation of the modern woman, who can be both a member of the Bar and a Vogue subscriber.

An attorney's appearance is the first opportunity to convey a particular message, and just as that message changes with circumstance, an attorney's style must adapt to who and what is being represented. To that end, when New York Times Fashion Director and Chief Fashion Critic, Vanessa Friedman, asked readers to define “appropriate” business attire, she received nearly 250 conflicting responses, illustrating the shared difficulty in promoting a universally accepted aesthetic. Vanessa Friedman, “'Appropriate' Work Dress? Readers Weigh In,” The New York Times (July 27, 2017). Arguably more so for women, who overwhelmingly have far more choices beyond the suit than male colleagues. Although a dress code can curb fashion faux pas, by design a dress code reinforces sex stereotypes, those “widely-held over-simplified expectations about how people of a particular sex or gender should be.” “Legal Enforcement Guidance on Discrimination on the Basis of Gender Identity or Expression: Local Law No. 3 (2002); N.Y.C. Admin. Code § 8-102(23),” NYC Commission on Human Rights (June 28, 2016).

In an attempt to eradicate discriminatory dress codes that perpetuate gender stereotypes, the NYC Commission on Human Rights' “Legal Enforcement Guidance on Discrimination on the Basis of Gender Identity or Expression,” clarifies, in plain English, New York City Human Rights Law (NYCHRL). Id. Under the NYCHRL, employers are entitled to implement dress codes and require specific grooming or appearance standards; however, any restriction or requirement cannot be gender-specific. Id. Language specifically directed at one gender, or that suggests treating one gender differently than the other, even if perceived to be harmless, is evidence enough of a violation of the NYCHRL, and any such discrimination will require restitution. Id. The NYCHRL supplements the federal government's Civil Rights Restoration Act of 2005, which permits differing standards based on sex or gender, so long as they do not impose an undue burden. Id. Disappointingly, the NYCHRL is an outlier. The majority of jurisdictions adhere to the federal standard, eschewing the opportunity to provide broader protections to employees in favor of standards that perpetuate gender stereotypes “based in long-held, traditional gender norms” or which are otherwise considered “innocuous.” Id.