If someone in California has visible piercings or tattoos, they may be curious whether or not their employer can terminate them or make them cover up the tattoos or piercings while they are at work. These issues will be determined by the employer’s dress code and grooming regulations.
While someone is working, their employer does have the right to make them remove jewelry or cover up tattoos. In most situations, these issues are addressed and discussed before a worker is hired.
Protections do not apply to workers with piercings or tattoos unless they are required by the worker’s religious beliefs. If a worker is terminated because of their tattoo or jewelry, they will not likely have a successful tattoos and piercing discrimination lawsuit.
There are many businesses and job positions that allow, and even embrace, individuals with piercings and tattoos. This especially applies in positions in the creative arts, such as writing, painting, music, and acting.
Tattoos and piercings might also be popular in the design, culinary, and sports industries. Some companies are more supportive of these types of body art, especially when they have a young and modern image. Other establishments, in contrast, may project a more conservative image and not support these types of body art.
Although some may argue that their freedom of speech or expression is infringed upon if their piercings and tattoos are not allowed, this only applies to governments. Private employers are allowed to create and implement their own dress codes and requirements for employee grooming.
Because of these issues that can arise, it is important for a California potential employee to learn about the culture of the business. It can be helpful to do so even before applying to work there. If someone in California has questions before they apply for a job, during the application process, or after they have been hired, they should schedule a lawyer consultation.
California Employer Dress Code and Grooming Policies
The majority of businesses will have some type of dress code, though the rules often vary widely from place to place and between industries. As a general rule, an employer is allowed to create a tattoo and piercing police in their workplace and reflect their corporate culture, so long as they do not engage in discrimination on the basis of a protected class.
Businesses are prohibited from discriminating against workers based on protected characteristics, which include color, gender, national origin, and race under Title VII of the Civil Rights Act of 1964. Other protected characteristics in California include marital status, disability, religion, age, gender identity, and sexual orientation.
There are employers with strict restrictions about employee tattoos and piercings. For example, a worker may have to hide all of their tattoos and piercings when working closely with clients or consumers.
This is allowed as long as the policy is not discriminatory. One example of how this could be discriminatory is if only workers with Chinese symbol tattoos were required to cover them.
Although many individuals do not want to be hindered when choosing their tattoo design, it can be helpful to choose art that does not include objectionable statements or images. Other options can be placing the tattoo somewhere that can easily be concealed.
If someone is generally concerned about having a tattoo that will affect their employment, it can be helpful to avoid getting them on the face, hands, and forearms. It can also be helpful to avoid piercings that may be considered extreme, such as horns or vampire teeth.
If someone has already gotten a piercing or body art that they are concerned will affect their employment opportunities, there are steps they can take, including:
Let’s pretend you don’t have time-travel abilities and didn’t read this article before getting body art done.
- Covering it up: Covering a tattoo is typically the simplest solution. This can be done using make-up or bandages.
- Taking it out: If someone is concerned with a piercing, the easiest way to avoid issues may be just to take it out for the interview and while at work.
- Removing it: This can apply to piercings and tattoos. If someone is concerned about a piercing or it is keeping them from getting a job they want, they can simply remove it and let it heal. Having a tattoo removed, however, can be more challenging, as it is often painful, time-consuming, and expensive.
- Looking for a position where appearance is not a factor: If someone has numerous tattoos or body piercings, they may not be a candidate for certain positions in certain industries. It is important to find a job where an individual can be themselves, including their artistic expression.
A California lawyer can help clients look for employment that will accept their tattoos and piercings on the job. A lawyer can also examine workplace policies for discrimination issues and help a worker with any disputes they may have over their body art at work.
What if Your Employer Enforces a Dress Code Inconsistently in California?
If an employer implements dress code policies that apply to piercings and tattoos on an inconsistent basis, it may be considered discrimination. For example, if a male worker was terminated based on his tattoos but female workers have tattoos and do not face any consequences, it may be considered gender discrimination.
What if Your Piercings or Tattoos Are Part of Your Religion?
Discrimination that is based on an individual’s religion is prohibited under Title VII, as noted above. Employers cannot discriminate against workers who have piercings or tattoos because they are a part of or are required by the worker’s sincerely held religious beliefs.
In order for a California employer to avoid discrimination and wrongful termination issues, they must enforce any anti-piercing and anti-tattoo policy consistently. For example, if the employer allowed certain religious tattoos to be on display but not others, it would be considered discrimination.
Another example of employer discrimination against tattoos may be if an employer allows tattoos of arbitrary symbols but does not allow tattoos that express religious concepts.
Freedom of Speech and Expression
As noted above, it may be argued that an individual’s freedom of speech and expression is being infringed upon when they are not allowed to have tattoos and piercings in the workplace. Although it may seem that way, the concept of freedom of speech as provided in the First Amendment only applies to governments and provides that Congress may not pass any legislation that abrogates freedom of speech.
This concept is not applied in private employment. One example of this may be if an individual has a tattoo when they work for a government agency that makes a certain statement.
Because it is a form of communication and the individual works for the government, they cannot be terminated because of that tattoo. However, if they were a worker at a coffee shop, if their tattoo violates the shop’s dress code policies, they could face termination.
When Do I Need To Contact a Lawyer for an Issue With Tattoo & Piercing Discrimination in California?
If you have any questions, concerns, or issues with tattoo and piercing discrimination at your workplace in California, it is essential to consult with a California discrimination lawyer. As discussed above, you can avoid many issues before you even apply for a job by researching their policies regarding tattoos and piercings and, if you want that particular job enough, you can remove or cover up those that would violate their dress code.
If you already have a job in California and you think you are being discriminated against due to your piercings or tattoos, your attorney can help. Your California lawyer will be able to review your employer’s dress code, whether it is being implemented properly, and determine if you have a claim.
Get started today with LegalMatch’s free attorney matching services to find a California lawyer who can help you resolve your tattoo and piercing workplace concerns. It is confidential and only takes about 15 minutes to complete the online submission process.
