The Nebraska Supreme Court sided with HHS employees in the dress code rule

The Nebraska Supreme Court on Friday upheld a decision by a lower court judge who sided with a civil servant who opposed the government’s dress code banning blue jeans.

In late 2019, the Nebraska Department of Health and Human Services notified employees of a new dress code that prohibits employees from wearing blue jeans, T-shirts, and other casual clothing except on Fridays.

In turn, more than 200 unionized employees filed a complaint saying the department violated the union contract by unilaterally deciding to change the dress code. At the time the department issued a new dress code, the language of employee contracts required agencies to negotiate with unions if it required a stricter dress code and offered a dress salary of up to $250, according to the Nebraska Public Employees Executive Association. Directed by Justin Hubly.

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Employees also said the new dress code was enforced arbitrarily, with some employees doing the same job at the same location and on the same shift being allowed to wear jeans, while others were not.

The Nebraska Supreme Court has sided with Health and Human Services workers in a lawsuit over a dress code rule that bans jeans.

Within weeks of the new dress code, employees won their complaint in binding arbitration, and the agency sued trying to overturn the arbitrator’s decision. Lancaster County District Judge Robert Otte supported the arbitration, saying the department can establish a dress code but must be “reasonably implemented”.

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The Nebraska Supreme Court said in its opinion Friday that the arbitrator “was within its power” to find that the agency had breached its employment contract by changing its dress code.

Union President Melissa Haynes praised the high court’s ruling in a written statement, saying the case was about enforcement of basic contracts.

“We always want to work with DHHS management to resolve disputes, but we will never hesitate to stand up for our rights,” Hynes said.

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Nebraska Health and Human Services spokesman Jeff Powell said the agency would not comment on the decision or whether it would now seek to negotiate a new dress code with employees.