Dress Codes and Sex Discrimination

Is it illegal sex discrimination when a public school’s dress code permits girls to wear earrings but not boys? Or when a school requires girls to wear skirts or dresses (but not pants or shorts), and requires boys to wear short hair and no jewelry? Is the result different in the workplace? Can a law firm require men to wear ties to court but not impose the same requirement on women? In every example, the dress code differentiates between men and women, boys and girls. Does that make it illegal gender discrimination? How should federal courts handle such claims? Should the courts be involved at all?

Please join us on May 9 from 12-1 pm at Rock Bottom Brewery (on the 16th Street Mall) for an invigorating investigation of these questions from Eric Hall. Eric will be arguing a case in front of the Tenth Circuit addressing these issues (Doe v. Rocky Mountain Classical Academy et al., Case No. 22-1369) during the May Term of Court, so you’ll get to hear a preview before the Tenth Circuit does!

For those Fed Soc members who like to prepare in advance, the talk will focus on the two leadings cases in this area: Hayden v. Greensburg Community School Corp., 743 F.3d 569 (7th Cir 2014) (striking down school dress code that required male athletes to have short hair but permitted female athletes to wear long hair) and Peltier v. Charter Day School, 37 F.4th 104 (4th Cir. 2022) (en banc) (striking down school dress code that required girls to wear skirts or dresses, but not pants or shorts, and required boys to wear short hair and no jewelry).

Eric is a lawyer in private practice at Sparks Willson law firm in Colorado Springs. Eric joined Sparks Willson in July of 2019; prior to that, he was a partner with Lewis Roca, where he worked for 18 years. Eric’s practice focuses on complex civil litigation, constitutional law, school law, church law, and employment. Eric has extensive experience with both jury and bench trials and has briefed and argued dozens of cases to the Colorado Court of Appeals, Colorado Supreme Court, and Tenth Circuit Court of Appeals.

Eric is a native of Colorado Springs. He earned his BA from the College of William and Mary in Virginia, graduating magna cum laude and delivering the valedictory address on behalf of the class of 1991. He earned his MA in 1994 from St. John’s College in Santa Fe, New Mexico. He earned his JD from Notre Dame Law School, graduating summa cum laude in 2000. He clerked for the Honorable David M. Ebel on the Tenth Circuit Court of Appeals immediately after law school from 2000-2001.

Eric was recently named 2023 Advocate of the Year by the Colorado League of Charter Schools. He is a member of the El Paso County Bar Association and has served as its President and a Trustee. He was named Outstanding Young Lawyer of the Year in 2005. He served on the Colorado Supreme Court Nominating Committee from 2012 to 2018. He is also a co-founder of Thomas MacLaren School, an award-winning charter school located in Colorado Springs School District 11 serving students in grades K-12.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.