The Florida Department of Education is considering a new dress code policy for employees that puts restrictions on religious head coverings, Crocs and short skirts.
In a draft sent to employees and obtained by the News Service of Florida, the DOE would require approval for head coverings on a “case-by-case basis for religious or medical reasons.”
“The Department reserves the right to determine whether attire is appropriate for the workplace,” the policy states.
The proposal comes just two months after the State Board of Education appointed Henry Mack as the new education commissioner, replacing Anastasios Kamoutsas. In his short tenure, Mack has continued to push Gov. Ron DeSantis’ priorities, including tightening restrictions on classroom libraries and rewriting Florida’s K-12 science standards.
First Amendment experts say the dress policy draft’s language is too vague, and application of the rules for religious head coverings could run afoul of both the federal and state constitutions.
“The way it is written, it causes a lot of heartburn,” said Bobby Block, executive director of the Florida First Amendment Foundation.
In a statement, DOE confirmed the department’s proposed new dress code: “The draft is an opportunity for employees to consider and/or edit before finalizing.”
The policy is applicable to all employees, including part-timers, interns, volunteers and contractors while representing the department.
Gary Edinger, a Gainesville attorney who focuses on First Amendment issues, said the “case-by-case” basis approval for head coverings could be a cause for concern.
“That sounds entirely arbitrary and standardless to me,” Edinger said.
Block cited Florida’s Religious Freedom Restoration Act of 1988, which states the government “shall not substantially burden a person’s exercise of religion, even if the burden results from a rule of general applicability.”
“This makes it sound like leadership can choose when they want to make an exception, and it also makes it seem like they're doing you a favor,” Block said. “If it’s a religious covering, it’s not a favor you can grant; you are obliged to respect that under federal and state law.”
The “case-by-case” provision creates a risk the rules will be applied differently, he added.
The policy also says if an employee is found to be wearing inappropriate attire, they may be instructed to return home and change into appropriate clothing. Employees who fail to comply may be subject to corrective or disciplinary action, according to the draft policy.
Inappropriate attire includes: Sweatpants, shorts, sheer tights and leggings worn as pants; flip flops and excessive worn footwear; and clothing depicting offensive, discriminatory, sexually explicit, vulgar or inappropriate language or images.
Block said the policy allows for discretionary judgement, which could create problems as it’s applied, as the policy does not provide definitions for terms like “offensive” and "inappropriate language.”
“It just can’t be (that) you don’t like the message,” Block said.
The policy also requires dresses and skirts must be at or below knee length. Employees will not be able to wear jeans Monday through Thursday, and Crocs will be banned, according to the draft.
“Employees, contractors, interns, and volunteers are expected to maintain a professional appearance while performing official Department duties,” the policy guidance states.