The two-page policy applies to all employees for the agency that Miller leads, the Texas Department of Agriculture, as well as interns and contract employees.
If anyone violates the policy, they will be asked to go home and change. If problems persist, the memo says, employees can face "remedies up to and including termination."Brian Klosterboer, an attorney with the ACLU of Texas, said this dress code provision violates Title VII — which bans employment discrimination— as well as the First Amendment’s right to free expression and the Equal Protection Clause.
"State agencies should be focused on doing their jobs and not discriminating against their own employees and trying to make political statements through their agency regulations," he said. "There is no important governmental interest that this can meet."
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