Texas state agency orders workers to dress ‘consistent to their biological gender’

A Texas state agency told its employees this month that they must dress in a manner that is "consistent with their biological gender", a directive that seemed to be a thinly veiled attack on transgender employees.

The state's department of agriculture laid out the dress policy in a 13 April memo, which was first reported by the Texas Observer.

The memo says that "Western business attire" is appropriate and lays out acceptable business casual items.

"For men, business attire includes a long-sleeved dress shirt, tie, and sport coat worn with trousers and dress shoes or boots," it says. "For women, business attire includes tailored pantsuits, business-like dresses, coordinated dressy separates worn with or without a blazer, and conservative, closed-toe shoes or boots."

It prohibits women from wearing clothing that allows for "excessive cleavage" as well as skirts that are shorter than four inches from the knees. It also bans certain footwear - Crocs, slippers and slides are all not allowed. Also not allowed are neon and fluorescent hair colors as well as lip and other facial piercings. Clothing that is "too tight or too revealing" is also not allowed. "You are a professional, look like one," the memo says.

The policy comes as Texas and a number of other US states have moved to attack transgender Americans. There was more anti-transgender legislation filed in Texas this year than in any other state, according to a tally by Axios.

Proposed measures would restrict drag performances, impose new obstacles to gender-affirming care and limit teaching about gender and sexuality, the Texas Tribune reported.

Texas's department of agriculture is run by Sid Miller, a Republican who was first elected to his role in 2014. An outspoken supporter of former president Donald Trump, Miller has faced headwinds because of some scandals in recent years.

The memo says agency supervisors can exercise "reasonable discretion" in assessing employees' clothing. Employees' refusal to comply with a request to change their clothing could result in their dismissal.

"If a staff member's inappropriate attire, poor hygiene or use of offensive perfume/cologne is an issue, the supervisor should first discuss the problem with the staff member in private and should point out the specific areas to be corrected," the memo says.

The CEO of the LGBTQ+ advocacy group Equality Texas, Ricardo Martinez, told the Texas Tribune that the ambiguities in the policy could lead to confusion. "Are women no longer allowed to wear suits? Can men wear necklaces?" he said.

An attorney with the Texas chapter of the American Civil Liberties Union, Brian Klosterboer, told the Texas Tribune that the policy violated federal law. Federal civil rights law also protects LGBTQ+ individuals from discrimination by their employers, the supreme court ruled in 2020.