It's unlikely you would be liable for discrimination if you chose not to hire someone because they have tattoos or body piercings. Many would consider this to be discriminatory. However, if the person's tattoo or piercing is just part of their style and self-expression, there wouldn't be legal protection for this.
Unlike a person's religion, ethnicity, gender, or race, the presence of body piercings is not considered illegal discrimination in the workplace. Unless your piercings are part of your religious beliefs, they are prime targets for unfair treatment at work, losing promotions, or not being hired at all.
Employers have the power to set a workplace dress code. If your employer isn't a fan of your piercings, they are allowed to ask you to remove them, and failure to comply may cost you your job.
Industry Standards: In conservative fields such as finance, law, or certain corporate environments, visible piercings may be viewed negatively and could affect hiring decisions. In contrast, creative industries (like fashion, art, or tech startups) tend to be more accepting of personal expression through piercings.
Piercings and tattoos could affect your job prospects, depending on the company and industry. Acceptance varies widely, so it's important to research and consider whether or not to cover them up during a job interview.
Currently, Title VII of the Civil Rights Act of 1964 protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin, but does not yet prohibit discrimination based on tattoos or other forms of body art.
Therefore, there is no real correlation between an individual's piercings, and being less competent, less productive, and less professional than their counterparts. Rather, it is a stigma associated with personal expressions, and is deemed still prevalently problematic.
Therefore, an employer can require employees to cover up tattoos, remove piercings, restrict head gear, and even require certain hairstyles, as long as the requirement is reasonable.
Discrimination can take the form of seemingly innocuous comments or actions that reinforce stereotypes or make you feel unwelcome. These microaggressions include: Offensive or derogatory comments or jokes. Stereotyping or assumptions based on protected characteristics.
Overtime Compensation
California law prohibits employers from requiring unpaid overtime work. If you're asked to work beyond regular hours, you're entitled to fair compensation, including overtime pay. Familiarize yourself with state labor laws to ensure you're adequately compensated for your time and effort.
Common Piercings in the Workplace
Ear piercings, for example, are acceptable in most workplaces. Lobe piercings are so common that few employers take issue with them. Even some of the more exotic ear piercings like helix, conch, and tragus piercings are rarely a problem.
Today, nose piercings are not only accepted but also celebrated as a symbol of individuality and self-expression.
For most jobs, you'll want to cover any tattoos and remove your piercings. When in doubt, err on the side of modesty. People form opinions of us based on any number of factors, not the least of which is body language/appearance.
Yes, California employers can ask employees to cover tattoos and piercings. Employers can even refuse to hire potential employees with tattoos or piercings.
Surface piercings are the most common types of piercing to be rejected by the body. Surface piercings travel along an area of skin rather than going directly through a body part. The jewelry punctures only a small amount of the skin's surface.
Yes. Many employers are worried that piercings or tattoos will offend customers and they are allowed to tell you to cover your “body art.” In Cloutier v.
No neck or face tattoos. They don't care about piercings, tattoos, or dyed hair. Everyone is accepted, no matter the amount of tattoos or piercings and no matter your hair color. My nose is pierced, I have plenty of tattoos, and while working there I had bold red hair.
One small facial piercing no larger than a dime is allowed. Earrings or ear gauges must be no larger than a quarter. Necklaces, including medical alert necklaces, are allowed and must be worn under clothing. No other visible pierced jewelry or body adornments are allowed, including tongue studs and subdermal implants.
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.
If you feel there could be a risk to your career or growth at this particular company, feel free to err on the side of caution and cover up or remove your piercings.” And if that's not something you're willing to compromise, it's possible you're looking at the wrong kind of jobs or career path.
A Tattoo Won't Hurt Your Job Prospects. Michael T. French of the University of Miami and colleagues surveyed more than 2,000 people in the United States and found that those with tattoos were no less likely to be employed than their uninked counterparts, and that average earnings were the same for both groups.