In addition, federal law allows employers to establish dress codes and grooming policies that require employees to cover up their tattoos in the workplace, as long as they are applied consistently and adhere to the Equal Employment Opportunity Commission's guidelines.
Yes, an employer can require that employees cover their tattoos and piercings before hiring them, as long as the policy is applied consistently and does not discriminate against a protected group. This can be a part of an employee dress code policy.
Therefore, employers can refuse to employ an individual based on their body art or piercings and can require employees to cover up tattoos or remove piercings while working.
Having tattoos is not a protected classification under federal law. The federal employment anti-discrimination statute, Title VII of the Civil Rights Act of 1964, only prohibits discrimination based on one or more of the protected classifications set forth in the law.
Employment standards do not protect people with tattoos or piercings unless they are religiously required. If you were dismissed because of your body art, you would likely lose your discrimination lawsuit. Having said that, certain jobs and corporations allow – and even embrace – those with body art.
There is no federal law that prohibits employers from firing employees based on their dress or tattoos.
Tattoos are generally accepted in the workplace as long as they're not offensive, unprofessional or distracting. However, visible tattoos may not be appropriate for every profession. Even if your company allows body art, you may find that customers or coworkers discriminate against tattooed employees.
While employers have the right to regulate employee appearance at work and make employment decisions based on factors like tattoos or piercings, those who do allow body art in the workplace should also make reasonable accommodations for employees.
Problematic tattoos can be revealing about a person's character. They show employers what values or beliefs they might bring to a workplace. On the other hand, if tattoos have nudity or imagery that may be considered inappropriate for certain audiences, the tattoo can easily be covered up with clothing or makeup.
You do not need to re-bandage the tattoo unless you work or play in a dirty environment.
Hair must be neat, clean, and pulled back. Any visible tattoos must be covered.
Simply ask, "Is it okay to have facial piercings or visible tattoos at work?" This demonstrates honesty and allows the employer to assess your fit within their company culture.
“The tattoo itself, the process of tattooing, and even the business of tattooing are not expressive conduct but purely expressive activity fully protected by the First Amendment,” the appeals court explained.
Although Title VII does not define “color,” the courts and the Commission read “color” to have its commonly understood meaning – pigmentation, complexion, or skin shade or tone.
In addition, federal law allows employers to establish dress codes and grooming policies that require employees to cover up their tattoos in the workplace, as long as they are applied consistently and adhere to the Equal Employment Opportunity Commission's guidelines.
We recommend that you avoid asking applicants about personal characteristics that are protected by law, such as race, color, religion, sex, national origin or age.
From a legal perspective, employers can require male employees to shave as long as it doesn't infringe on their civil rights, or cause undue hardship.
Can I Be Fired for Having a Tattoo? An employer is generally free to maintain a policy prohibiting employees from displaying tattoos at work. That means in most circumstances, your employer can discipline or even fire you for displaying a tattoo.
Many hospitals and medical offices require some piercings and tattoos be removed or covered. More traditional ear piercings are usually accepted, but large tattoos may present problems in being hired to work in certain hospitals or clinics.
However, it is important to know that every employer has the right to establish and enforce a dress code, and tattoos and body piercings fit under that umbrella. Currently, United States discrimination laws do not reference tattoos.
Most people with tattoos can donate blood as long as they don't have risk factors that prohibit or limit blood donation, and if they got a tattoo at a state regulated facility. In the U.S. you have to wait 3 months to donate if the tattoo was from a state that does not regulate tattoo facilities.
Companies including Disney, UPS and Virgin Atlantic have relaxed their dress and style codes to allow employees to show their tattoos in the workplace. Many of the moves have come over the past two years as the tight labor market that preceded Covid became even more intensely competitive during the pandemic.