Getting Tattooed??? Think Twice!!! Is Tattoo a Taboo at the Workplace?

Getting Tattooed??? Think Twice!!! Is Tattoo a Taboo at the Workplace?   No wonder, tattoos are the most popular today. Still it seems that, despite their popularity, Hiring Managers may still be influenced by the stigma associated with tattoos in the past. While Hiring Managers may not have any personal aversion to tattoos (and may have some themselves), companies that want to portray a certain image are afraid of alienating their customers. Most Hiring Managers agreed that visible tattoos carry a stigma that may damage the organization’s professional image. It has been proved that a candidate’s visible tattoo is the first thing that is discussed when the candidate leaves the interview room. Organizations are concerned that their customers may perceive tattoos as "dirty," "abhorrent," "repugnant," and "unsavory." However, Employers don’t express great concern over visible tattoos where employees do not have a great deal of customer/public contact. Can Tattoos Be Banned at Work? The rapid popularity of body modification has caused some companies to adopt policies that either prohibit or place restrictions on visible tattoos and other body art. Basically, companies are striving to have their employees exhibit a professional and business-like appearance. Nevertheless, because they are so commonplace, there is some confusion as to whether employers can prohibit their workers from having visible tattoos, and if so, to what extent. To compound matters, employees find any policy that restricts their freedom of expression as an invasion of their personal lives. No surprise, then, that the prohibition of visible body art has resulted in a plethora of employment discrimination claims. There is no national law governing employee dress codes, including tattoos. Employers may implement whatever dress guidelines they feel are appropriate, as long as they do not discriminate on the basis of gender, race, religion, disability, or any other federally protected status. In general, courts have ruled that Private Employers may implement dress standards for employees as long as they can provide business justifications for them, and as long as the standards do not affect one group of people more than another.  But Beware! Tattoos may sometimes indicate a religious belief. For example, there are religions, such as Buddhism and Hinduism that use the process and the outcome of tattooing as an expression or representation of their beliefs. In that circumstance, an employer could only ban the tattoo if it demonstrates an undue hardship.

What constitutes a hardship is still not clearly defined. Few people claim that their religious belief require them to wear body piercings There may be cases where employee, have body piercing like pierced eyebrow & are in frequent contact with customers. E.g. sales executive, store manager, cashier. Employers in these cases believe that allowing employees to show their tattoos would adversely affect their public image.

The employer’s neutral dress code had been implemented to cultivate a "neat, clean, and professional image" —a business determination within the employer’s discretion.

Only SOLUTION to the issue…

History has demonstrated that fighting current trends may turn out to be a lost cause. The best practice for employers in this area is to base dress codes on objective criteria such as workplace safety and professional image and to be prepared to make reasonable accommodations for employees with dress and grooming-related requirements that do not adhere to the dress code, but that do not present health or safety concerns. Ultimately, decide whether your fear of tattoos is reasonable.

If employees have no customer contact, a ban on tattoos may be too stifling. One may also want to decide whether one needs an ultimate ban on all tattoos. Some employers have found success in implementing a policy where employees only have to conceal body art that is, for example, offensive or frightening to children. Finally, it is also advisable to include a statement in the employee handbook or written dress code reaffirming that the company will comply with applicable legal requirements to provide reasonable accommodation for employees’ religious beliefs.