Legality of Refusing to Employ People with Tattoos and Piercings

Employers have the right to set employment policies that align with their company’s image and values. This includes the ability to refuse to hire individuals with tattoos and piercings in certain circumstances. However, the legality of such policies can vary depending on the specific country and local laws.

Employment Policies and Job Discrimination

While denying employment based on a candidate's tattoos or piercings might seem unfair, it is legal in many places, provided the employer follows a non-discriminatory approach and does not violate specific equal employment opportunity (EEO) regulations.

For instance, in the United States, employers are generally allowed to have policies against visible tattoos or piercings if doing so serves a legitimate business purpose. An example would be in medical or airline sectors, where having visible tattoos or piercings could potentially impact the public's perception of safety or professionalism.

Non-Discriminatory Policies

An employer that wants to implement such a policy should ensure it is non-discriminatory and does not target a protected class. In the United States, tattoos and piercings are not typically seen as protected classes under federal law, although there can be variations at the state and local level.

Even medical tattoos, such as those used for radiation targeting, are not protected under most legal systems, as long as the employer has a zero-tolerance policy that applies to all employees.

Work Contract and Employment Agreement

Employers can include clauses in employment contracts stipulating that tattoos or piercings must be covered with appropriate clothing when the employee is visible to the public or clients. This approach allows the employer to maintain a professional image while still respecting individual rights to personal appearance.

For example, barbershop owners in certain areas might have a strict policy requiring employees to cover visible tattoos, particularly those located on the hands, as hair salon clients might feel uncomfortable with a stylist having visible tattoos.

Personal Experience

Many entrepreneurs and business owners share experiences indicating that they have faced challenges and judgment from colleagues regarding tattoos or piercings that they chose to display. Dan Bradbury, a seasoned businessman, shares his own experience:

As a business owner, I've had to navigate the societal pressure around tattoos. About a dozen years ago, I got a small, demure tattoo of a rosebud on my hand, and it drew significant negative attention from professional peers. They thought it was far more striking than a dozen other tattoos I've had over the years. In fact, to counter the scrutiny, I added two more small tattoos to pacify my critics.

Bradbury's story highlights the pressure some individuals face when displaying visible tattoos in professional settings, and how such tattoos can be misinterpreted or misjudged.

First Impressions Matter

Whether or not a tattoo or piercing costs a job is often a mystery, as candidates often lose out on interviews based on first impressions. Interviewers often evaluate candidates on superficial, often unintentional criteria, such as clothing choice, appearance, and body language. This can lead to discriminatory practices, as individuals without tattoos or piercings can still lose out on opportunities based on the same criteria.

According to Bradbury, this is not a crime, but rather a reality of the job application process. Many people he knows, including himself, have lost jobs because they failed to make a good first impression, even though they dress conventionally and are highly qualified.

Note: The legal framework surrounding employment policies can vary widely, and it's crucial for employers and job seekers to consult local legal experts and regulations to ensure compliance with relevant laws and ethical standards.