Reference no: EM131006769

A company that sold playground equipment es- tablished a new, unwritten dress code. All em- ployees were expected to purchase and wear khaki pants. Male employees were expected to purchase and wear denim shirts with the company logo. Female employees were required to purchase and wear a navy blazer over a polo shirt. The policy was intended to "create a more professional image" of sales employees. However, comments were also made that the reason for requiring blazers for women was to "cover up their boobs and [bottoms]." It was also stated by the individual charged with developing the policy that "women should wear blazers because this is a man's world and to keep up with men, women have to be one up on them." A female employee resisted the new policy and stated on a number of occasions that she could not afford to purchase the required blazers. After reporting to work wearing the denim shirt with company logo and khaki pants and stating that she did not in- tend to wear the blazer, the woman was termi- nated. After the termination, the dress code policy was put into writing. The terminated em- ployee sued. What should the court decide? Why? (Rohaly v. Rainbow Playground Depot, 2006 Wash. App. LEXIS 1917 (App. Ct., Div. One))