Did you know according to a Harris Poll (2012) that 1 out 5 adults have a tattoo?
Visible tattoos have caused some organizations to adopt policies that prohibit or place restrictions on tattoos and other body art (piercings, etc). Organizations are concerned with employees’ professional and business appearance to their customers. To further complicate this issue, employees’ feel that any policy restricting their freedom of expression is an invasion of their personal lives. Therefore, there has been an abundance of employment discrimination claims as a result of visible tattoos and body art.
There is no federal law governing dress codes including tattoos.
Employers may implement whatever dress guidelines they feel 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. (So, for instance, you could not allow your employee who was a former marine to display his tattoo, but require your female employee to cover up hers.)
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. Make sure you educate your managers on your policies and expectations and ensure they have knowledge of Title VII of the Civil Rights Act of 1964 (amended 1991).
