This is a new one. And probably a smart step. Texas Agricultural Commissioner Sid Miller has issued a policy requiring employees to wear clothes that are consistent with their biological gender.
The two page memo notes than any employees in violation of the rule will be asked to go home and change. If they don’t do that, or if they violate the policy again, they may be subject to termination.
Texas Tribune quotes an ACLU lawyer who says ““State agencies should be focused on doing their jobs and not discriminating against their own employees and trying to make political statements through their agency regulations. There is no important governmental interest that this can meet.”
But the question is, is it truly discrimination? On its face it may sound like that. But governmental agencies require a certain amount of professionalism for their employees. What if an employee wore a wifebeater and ripped jeans to work instead of a button down shirt and slacks? It wouldn’t be discrimination to fire that person, because that persons image would be inconsistent with their agencies professionalism.
This is a first of its kind policy, and may wind up in the courts. But it seems to be more of a winning one, then, say for example, banning all drag queen shows. When it comes to delivering services to constituents, constituents want to feel they’re being listened to and taken seriously. And attire plays a big role in that.
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