California law protects your right to wear pants in the workplace regardless of your sex. If your employer has denied you this right based on your sex, you may have grounds for an employment discrimination claim.

California Government Code Section 12947.5

California Government Code Section 12947.5 explicitly states that "it shall be an unlawful employment practice for an employer to refuse to permit an employee to wear pants on account of the sex of the employee." This straightforward protection ensures that employers cannot force employees to wear skirts or dresses simply because of their sex.

This important workplace protection was designed to prevent discriminatory dress codes that reinforce gender stereotypes and may create unequal or uncomfortable working conditions.

When Exceptions Apply

While the law provides clear protection for employees who wish to wear pants, there are a few limited exceptions:

1. Uniform Requirements: The law specifies that employers may still require employees in particular occupations to wear a uniform. However, the uniform requirement must apply to all employees in that occupation regardless of sex.
2. Costume Requirements: Employers can require an employee to wear a specific costume when portraying a character or dramatic role. This exception may apply in entertainment industry, theme parks, or similar workplaces where employees portray specific characters.
3. Exemptions for Good Cause: The law allows for potential exemptions if an employer can demonstrate "good cause" for prohibiting pants. Such exemptions must be granted by the California Civil Rights Council, which has the authority to establish standards and procedures for granting these rare exceptions.

What To Do If Your Rights Are Violated

If your employer has prohibited you from wearing pants based on your sex, you may have a valid claim for employment discrimination. Here are steps you might consider:

1. Document the policy or practice: Save any written dress code policies, emails, or other communications indicating gender-based restrictions.
2. Consider Addressing the issue internally: Consider respectfully bringing the law to your employer's attention. Some employers may not be aware that their dress code violates California law. Retaliating against you for reporting the unlawful policy would likely be a separate violation. 
3. File a complaint: You may also consider filing a complaint with the California Civil Rights Department (formerly DFEH) or consulting with an employment attorney.

California's protection of an employee's right to wear pants regardless of sex is an important workplace equality measure. If you believe your rights under Government Code Section 12947.5 have been violated, you may have legal recourse.