One of our employees is a “furry” and has asked to come in to 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, this is not a protected category as defined by California’s Civil Rights Department or federal law. If you look at your 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.
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.
Column based on questions asked by callers on the Labor Law Helpline, a service to California Chamber of Commerce preferred members and above. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com.
Dana Leisinger
