CDW Calls on 5th Circuit to Protect Common Sense Dress Code Policies

Washington, DC – On February 9, CDW filed an amicus brief before the US Court of Appeals for the 5th Circuit in Tesla v NLRB. Our brief calls on the court to reverse the Board’s 2022 decision essentially making all uniform and dress code policies in the workplace presumptively unlawful. The Board said if a policy effectively limits the wearing of union insignia in any way, even if the policy is neutrally applied, the policy should be considered unlawful. The only way the employer can escape liability under the Board’s new theory is to meet the onerous burden of proving the policy is justified due to “special circumstances,” a narrow exception that the Board rarely, if ever, finds employers satisfy.

The following statement can be attributed to CDW Chair Kristen Swearingen:

“The Board’s decision attacks common sense workplace dress code policies even though these policies have nothing to do with unions or union support. Workplaces throughout the economy use these policies to ensure worker safety, protect machinery or equipment, or simply create professional work environments. The Board’s decision will leave workplaces less safe for workers and consumers and put at risk the investments employers have made to further their businesses. The 5th Circuit should reverse this illogical decision and give employers the ability to enforce common sense dress code policies in the workplace.”