Texas Agriculture Commissioner Sid Miller introduced a new policy that requires employees to dress “in a manner consistent with their biological gender.”
. Describing himself as “a low-regulation guy” who didn’t want to mandate a dress code, Miller said he nevertheless needed to whip employees back into shape as they returned to the office after years of wearing “pajamas on their couch” while working from home during the coronavirus pandemic.
He also addressed the requirement that employees dress “in a manner consistent with their biological gender.”“We don’t want a man come dressed in drag, or vice versa,” he said. “It’s very disruptive. It’s not professional.” The two-page policy, dated April 13, dictates that employees who interact with the public and other government officials outside the department should dress in business attire. The dress code gives examples broken down by gender. For men, that means long-sleeved shirts, ties and sport coats worn with trousers and dress shoes or boots.
Most of the new policy “seems okay,” Klosterboer said, insofar as employers, whether they’re government agencies or private companies, have the right to require employees meet a baseline of professional dress. But they can’t make their employees conform to gender stereotypes, something several decisions from the U.S. Supreme Court and federal appeals courts have made clear in recent years, he added.
The new policy is “especially hostile” to transgender employees, Klosterboer said, but it also sends a “deeply harmful message” to all LGBTQ workers at the department. And it could be weaponized by a bad actor who decides to target a subordinate they don’t like or find professionally threatening by claiming their outfit isn’t masculine or feminine enough, he added.
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