CAN MY BOSS INSIST THAT WE WEAR MAKE-UP AT WORK?.

Nalulungi finally got a job after job hunting for 2 and a half years. On her first day, she showed up well dressed, and ready to impress the bosses. After a brief introduction to the staff, she was called into the boss’ office and told that a ‘bareface’ cannot work in that office and she should put on some makeup. A list of recommended makeup brands was also given to her to choose from and ‘start from there’. Nalulungi wants to know if it is legal for the company to demand that she puts on make-up and if so, who pays for the makeup?.

  

WHAT DOES THE LAW SAY?

According to the law in Uganda, employers cannot forcefully make you do something not required by law or that particular industry you work in. For example, lawyers must have a practising certificate (licence) before representing clients in court. If you are hired to represent clients in court, then your boss can demand that you have that licence as a requirement for you to do your job. 

Similarly, the law allows an employer to set a dress code that employees must follow. For example, employers can have policies, including the human resource manual, to guide things like dress codes. If the policy indicates that employees should appear presentable, then the policy must be clear about being presentable means as a standard. For example, wear business suits or a particular colour of clothing. 

The law also says no one should be discriminated against because of age, sex or appearance. Forcing a female employee to wear makeup to look ‘beautiful’ or ‘professional’ may imply that you do not think she is equal to those who do not wear make-up, which could be considered discrimination.  

This is because looking ‘good’ is subjective (depending on preference and individuals), so such a policy may be discriminatory towards employees who either do not want to wear makeup or are looked at as requiring it because of their gender.

Also, if make-up is required for work because they rely on it, the employees cannot supply it. This is because the law requires that the employer supplies the tools for the work employees do at their workplaces.

Source: BarefootLawyers