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Infection Control v. Employee Right of Self-Expression


Emma Reebord is self-conscious about her chipped nails. So, she treats herself to a set of “sculptured,” i.e., false nails. Her fellow housekeepers at the Hans Zarkleen Nursing Centre where she works love Emma’s new look. But false nails are a violation of the Centre’s Dress Code. Even though Emma doesn’t directly treat residents, the Code applies to indirect caregivers, including housekeepers. Emma claims that the Dress Code violates her right of self-expression. The Centre argues that the policy is an important infection control policy and is based on accepted scientific evidence that false nails accumulate bacteria at an abnormally high rate and that this bacteria can be transmitted to nursing residents both directly by caregivers and indirectly by housekeeping staff.


Does Emma have a valid grievance?

No, because wearing false nails isn’t a form of self-expression.
No, because there’s evidence that the policy is necessary to prevent infection.
Yes, becau...

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