Tattoos and Discrimination in the Workplace: Legal Protections and Myths Debunked

Tattoos have become increasingly popular over the years, reflecting a trend of self-expression and personal identity. However, some individuals may feel discriminated against due to visible tattoos in the workplace. This article aims to clarify the legal stance on tattoo discrimination, address common misconceptions, and provide insights on how to navigate these challenges.

Understanding Tattoo Discrimination

Tattoos, while becoming more mainstream, can still pose certain challenges in the workplace. Employers often cite concerns related to hygiene, job image, and potential client complaints as reasons for prohibiting or penalizing tattoos. However, it is important to differentiate between voluntary artistic expressions and discriminatory practices.

Myth 1: Tattoos are a Protected Class

Frequent claims that tattoos are a form of discrimination largely stem from a misunderstanding of equal employment opportunity legislation. In most jurisdictions, tattoos per se are not considered a protected class of discrimination.

There is no federal law in the United States that explicitly covers tattoos, although the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964 may partially cover certain situations. For instance, if a tattoo is associated with a protected characteristic such as cultural heritage or religion, it could be protected under these laws.

Case in Point: Cultural Tattoos

Not all tattoos are created equal. Certain cultural tattoos, such as Māori tā moko, carry significant cultural meaning and are often protected. Māori tā moko is a traditional facial or body tattoo that has cultural significance and is recognized as a valuable aspect of cultural identity. Employers would be wise to respect these traditions and understand the cultural significance behind such tattoos.

Myth 2: Employers Can Discriminate Without Consequences

While employers have the discretion to hire or fire based on aesthetics, they must not do so in a discriminatory manner. Actions based on nationality, race, sex, age, religion, or sexual orientation are protected, while tattoos alone are not.

For example, if an employee with a tattoo faces harassment or termination due to their religion, which is associated with the tattoo, this can be considered discrimination. In such cases, employees have legal recourse and should seek the assistance of legal professionals to navigate these situations.

Myth 3: Companies Can Discriminate Based on Client Demographics

While employers can make hiring and firing decisions based on artistic or aesthetic preferences, they cannot use these preferences as a guise for discrimination. If a company discriminates based on client demographics, it falls into the realm of discriminatory practices.

For instance, if a company in an industry with diverse clientele discriminates against employees with tattoos, it may face legal repercussions. Courts may scrutinize such decisions to ensure they do not disproportionately affect certain protected groups.

Legal Protections and Recommendations

Employees facing discrimination due to their tattoos may have legal options available to them. Before taking any action, it is recommended to document the incidents and seek advice from legal professionals specializing in employment law.

Employees should also consider:

Checking the company's employee handbook and policies regarding tattoos. Contacting the Equal Employment Opportunity Commission (EEOC) for guidance and to file a complaint if necessary. Seeking support from co-workers or forming a community to advocate for fair treatment.

Employers, on the other hand, should ensure that their policies regarding tattoos are non-discriminatory and align with broader anti-discrimination laws. Clear, non-discriminatory policies can help promote a fair and inclusive work environment.

Conclusion

In conclusion, while tattoos may pose challenges in certain industries, they are not inherently protected under current discrimination laws. Understanding and addressing the myths surrounding tattoo discrimination can help create a more inclusive workplace environment. Employers and employees must prioritize fair treatment and respect for cultural and personal rights to foster a positive and diverse work culture.