Dress codes brought to heel by Australia's discrimination laws Workplace Nick Toscano Forcing a female employee to wear high heels or imposing any other gender-specific dress codes at work could breach Australia's discrimination laws, experts have warned. 
A case in London this week has gained global attention and raised legal questions, after a 27-year-old receptionist complained she was sent home for refusing to wear high-heeled shoes. She had turned up for a temporary job as a receptionist and greeter, a role that required her to walk all day.
Legal experts in Australia said enforcing a dress code for female employees to wear high heels risked violating state and federal equal opportunity legislation, and could land employers in strife.
"An employer can set a standard ... as part of a reasonable and lawful direction; for instance, requiring someone to wear high-quality business attire," Herbert Smith Freehills employment partner Tony Wood said. "But a problem arises if an employer identifies a gender-specific requirement ... so, in this situation, directing females to wear high heels would seem to be offensive to most of Australia's anti-discrimination legislation."
And it may not only be women who could claim gender discrimination over employer-dictated clothing standards.
In a previous case in Britain, a male employee won the right not to have to wear a tie to work after arguing at an industrial tribunal that it amounted to discrimination.
His claim was upheld because it was determined that women in his workplace were not subjected to the same rigorous dress rules.
Australia's Human Rights Commission advises employers that rules regarding workplace attire could be discriminatory if they single out certain employees for different treatment because of their background, personal characteristics or gender.
Kerryn Tredwell, a partner at law firm Hall & Wilcox, said employers in Britain and Australia had the right to direct employees about what is and is not appropriate work attire, "but it has to be reasonable".
Maurice Blackburn's Alex Grayson said the British case highlighted that discrimination was still rife in the workplace.
"Sending someone home because they are not willing to wear high heels would definitely be discrimination ... We aren't in the 1950s any more ..." Ms Grayson said.