One of our employees is a “furry” and has asked to come into the office dressed as a furry. Do we have to accommodate this request?
First, what is a furry? A furry is someone with an interest in anthropomorphized animals — that is, animals who have been given human characteristics, like an ability to talk or walk on their hind legs.
Furries are all kinds of people — old, young, all genders, CEOs, blue-collar workers, singles, couples, parents, students — who celebrate fantasy animal characters with human traits.
Notwithstanding this broad group of people and increasing trend, being a furry is not a protected category as defined under California or federal law. If you look at your California Civil Rights Department anti-discrimination poster, which lists protected categories, it does not list “Furries.”
Business-Appropriate Attire
Many employers have a dress code, either implicit or in the company handbook. Such policies often will require that employees report to work dressed in a “business-appropriate” manner.
Inappropriate attire usually refers to tank tops, open-toed sandals, etc. — but dressing as an animal most certainly would qualify as “inappropriate” in the workplace setting. This is a reason it is advisable to have a formalized written policy mandating proper business attire.
Remember to permit employees in California to appear or dress consistently with their gender identity and expression as well as accommodate an employee’s religious dress or grooming practices. Review the dress code policy to ensure it meets all legal requirements.
CalChamber members can read HRCalifornia Extra’s What Employers Should Know About Dress Codes for more information.
Nonworking Hours
Nevertheless, California is very protective of employees who engage in “lawful conduct,” and it is illegal to discriminate against employees or applicants on the basis of such conduct that they engage in during nonworking hours away from your premises.
Consequently, an employer may require that employees don’t report to work dressed as an animal but cannot take action for any “furry” activities that employees participate in during nonworking hours.
Dana Leisinger, Employment Law Expert, CalChamber
CalChamber members can read more about Dress Standards in the HR Library. Not a member? Learn how to power your business with a CalChamber membership.
