Question: I was in front of the Rumors Night Club at the Ala Moana Hotel and saw a sign that read “;94.7 FM Flashback Saturday Dress Code Long Pants Covered Shoes No T-shirts $10 Cover.”; I was told by staff, management and security that the dress code only applies to men. Isn't this sex discrimination and a violation of state, if not federal laws?

Answer: Section 489-3 of the Hawaii Revised Statutes does prohibit discrimination on the basis of sex: “;Unfair discriminatory practices that deny, or attempt to deny, a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of race, sex, including gender identity or expression, sexual orientation, color, religion, ancestry, or disability are prohibited.”;

So far, there has not been a “;court interpretation”; of that law as it applies to sex-differentiated dress codes, said William Hoshijo, executive director of the Hawaii Civil Rights Commission.

If you feel you have been denied “;full and equal enjoyment”; of a place of public accommodation because of the dress code, you can file a complaint with the commission. Call 586-8636.

“;The issue could be raised in the form of a restaurant, bar or club dress code that requires men to wear a jacket and tie to be admitted (for example), with no such requirement for women,”; Hoshijo said.

In its investigation, the commission would review the business's policy, the basis for the policy and the application of the grooming standard or dress code, to determine whether it constitutes unlawful sex discrimination, he said.

The commission has not received a complaint about a dress code, although it has had complaints about gender-specific discounts on cover charges or prices, e.g., “;Ladies Night”; promotions.

In those cases, Hoshijo says a warning letter has been sent to the establishment to say it should find “;a gender neutral promotion.”;

“;We've done that in lieu of pursuing complaints,”; he said.

In general, Hoshijo noted that dress code cases have been tough for plaintiffs to win.

In a recent case, the 9th U.S. Circuit Court of Appeals upheld a sex-differentiated grooming standard in employment. In Jespersen v. Harrah's, the court found that a policy requiring female employees to wear makeup (while prohibiting male employees from wearing makeup) did not impose an unequal burden on women, Hoshijo said. “;On the other hand, discrimination for failure to conform to gender stereotypes is unlawful sex discrimination.”;

Keith Koehler, food and beverage director a Ala Moana Hotel, said Rumors is open Friday and Saturday nights and the dress code is the same both nights: basically long pants, covered shoes, no ball caps or hats, no T-shirts and no “;flip-flops.”;

He said there is a dress code for women, as well: long pants, skirts or dresses, but no flip-flops, hats or T-shirts.

Because Rumors is a “;club environment,”; Koehler explained that the basic intent was to discourage people of both sexes from showing up in shorts, cut-off blue jeans, slippers and T-shirts.