Legal issue surrounding the hiring of employees with tattoos and body piercings can be avoided by implementing a well written, nondiscriminatory company policy. Once a company provides employees with a well versed Company Policy, it can aid in avoiding legal issues in all aspects of the work environment. The policy can also include the company’s stance on tattoos and piercings. If the company chooses to include rules that prohibit employees from having any visible tattoos and piercings, that can be written into the policy. Once written into the policy, it can stand as legal ground, and if violated the company can take whatever action that they need to remedy the problem. Many companies feel that they need these policies in place in order to protect the public image of the company.  There are several cases that have made it to court in regards to body piercings, and tattoos.

            An example that outlines the need for company policies is the Cloutier V. Costco.  In this case, a cashier for Costco got her eyebrow pierced and then Costco changed the policy about body piercings, according to Yoji Cole (2008).  She was told to cover the piercing with a band-aid, and refused, explaining that she was a member of the Church of Body Modification. Therefore, she accused Costco of religious discrimination.  The court sided with Costco, stating that their enforcement of their dress code was an acceptable practice.

            Another case that outlines the importance of a well written policy is the case in which the U.S. Equal Employment Opportunity Commission claimed Red Robin refused Edward Rangel, a server employed at the restaurant, any leniency for the tattoos that he had on his wrists, acquired as a right of passage for his religion, an ancient Egyptian faith. Rangel worked for the company for six months, with no complaints from fellow employees, supervisors or customers. Once a new manager was hired, Rangel was fired. Because the tattoos were religious in nature, Rangel was rewarded with $150,000 in damages, according to HR-BLR.com (2005).

            Tattoos and body piercings have become commonplace for professionals in their 20’s and 30’s. According to Laurel Van Buskirk of the New Hampshire Business Review (2005), statistics show that 25-29 year olds have the highest occurrence of tattoos in the workplace. Employers need to be well trained in their company’s policy in order to avoid the possibility of employment discrimination.  There is a fine line for employers looking to hire, and when they are approached by a person that has tattoos and body piercings, they need to make sure that they are not discriminating against the person.  The policy should include information on the hiring of these individuals and how they would like those hired to conceal their body art. There is no law governing how an employee looks, but if the information is included in the employee manual, the Company is protected by it.

            Are tattoos and body piercings really a distraction in the workplace? That depends on a few factors. If the person chooses to work in a more modern and accepting environment, like a Dot Com business, or in a hair salon, their tattoos and piercings will be less of a distraction. But, if the person is a doctor, or lawyer, they are less accepted. According to a CNN article by Michelle Goodman (2008), Dave Kimmelburg, a lawyer from Boston who is tattooed says that it is better to stick to tattoos and piercings that can be easily covered up if you are going to work in a professional environment. 

Some companies like Walt Disney World, SeaWorld Orlando and Wal-Mart  have written policies that apply to visible tattoos. Tattoos don't become an employment issue unless they are visible.  Many workers realize these individuals with body art on their torsos, arms, ankles or necks cover their exposed tattoos with long pants, long-sleeved shirts and other work-appropriate clothing. Disney doesn't allow its employees to use bandages to cover their tattoos, but they can use opaque makeup. SeaWorld specifies that employees should not have "non-conservative, large or offensive tattoos" and that tattoos will be evaluated on a case-by-case basis. Wal-Mart specifies tattoos “that are offensive or distractive are to be covered by clothing or other means.” according to Christine Mlodzik (2008).

            According to Barrie Gross from the All Business website (2008), it is important to avoid using value judgments while writing the company policy. The most important factor of having a policy that prohibits tattoos and piercings is the consistency of enforcing it. Legal issues can be avoided if employees feel that they are not being singled out if the policy if enforced upon them. Companies drafting their dress-code policy must be sure it is justifiable to the Equal Employment Opportunity Commission in case a discrimination complaint is filed by either a prospective or current employee whose body art falls just outside the parameters of the company's dress code.  According to the EEOC, employers can impose dress codes and appearance policies as long as they don't discriminate against a person's race, color, religion, age, national origin or gender. Once the hiring process begins, it is important for a document to be signed that entails the details of the policy about tattoos and piercings.  Small and large companies need to understand the importance of having a human resource representative to implement the policies of the company. The human resource representative can teach the management the policies, and what to look for when hiring and rules of enforcement.

            While society is changing, work place rules and regulations are still lagging behind what is hip and popular with the personal trends of the era.  To protect a company from having legal issues and compromising their professionalism, a Company Policy needs to be implemented. This will help to reduce amounts of legal issues due to uneducated management and the non discriminating hiring of employees with body piercings and tattoos. Cases like Costco and Red Robin, involving tattoos and piercings can be avoided, therefore saving the company money, and face. Once a Company Policy is in effect, it is important that human resources and management stand sternly by it.

References

Van Buskirk, Laurel (2005, 12). New Developments on Tattoos and Body Piercing in the Workplace. New Hampshire Business Review, Retrieved August 4, 2008, from http://gcglaw.com/resources/employment/tattoos2.html

Gross, Barrie (2008, January, 8). Tattoos in the Workplace: What is an Employer to do?. All Bussiness, from http://biz.yahoo.com/allbiz/080108/4113152_id.html?.v=2

Goodman, Michelle (2008, 6). Too Tattooed to Work. CNN.com/Living, Retrieved August 6, 2008, from http://www.cnn.com/2008/LIVING/worklife/06/19/too.tattooed.to.work/

Cole, Yoji (2008, 01). Your Piercing or Your Job: What Would You Do?. Diversity Inc, Retrieved August 4, 2008, from http://www.diversityinc.com/public/2908.cfm

(2005, 09). Burger Chain Settles Religious-Bias Suit Over Tattoo. HR-BLR.com, Retrieved August 9, 2008, from http://hr.blr.com/news.aspx?id=16596

Mlodzik, Christine (2007, Decemeber). WAPT.com. Retrieved August 11, 2008, from WAPT.com Web site: http://www.wapt.com/smallbusiness/14816221/detail.html