You Manage It! 2: Customer-Driven HR Can an Employer Refuse to Hire or Retain Employees Who Wear Tattoos?
The wearing of tattoos has become increasingly popular—particularly so with younger people—as a form of personal expression. A survey conducted by the Pew Research Center estimated that 36 percent of people 18 to 25 years of age, and 40 percent of those from 26 to 40, have had at least one tattoo. Despite the growing popularity of tattoos, many companies are not tolerant of the display of visible tattoos on employees in the workplace. For example, according to research from CareerBuilder, 42 percent of corporate managers indicated that their opinion of a job applicant would change for the worse if the individual displayed a tattoo. Tattoos are viewed as unacceptable in some professions or jobs as a consequence of corporate dress codes that forbid the display of visible tattoos. In the medical field, for example, many health care organizations limit the display of tattoos. This policy is in line with the need to demonstrate professionalism to patients in order to gain their trust. The Cleveland Clinic requires that tattoos must be covered during working hours to ensure a professional appearance.
The EEOC laws do not provide protection to persons who are discriminated against by employers in the workplace for wearing visible tattoos. Employers are free to establish dress codes that restrict employees from having visible tattoos if they believe that a tattoo will harm a company’s professional image.
If a company decides to limit the display of tattoos in the workplace, it must do so in a fair and consistent manner, or it can be subject to legal actions from tattoo-wearing employees or job applicants. There should be a written personal appearance policy that covers the wearing of tattoos and it should be enforced consistently across different units and locations. If a continuing employee obtains a tattoo while employed, the employer should attempt to make a reasonable accommodation with the employee in order to retain that employee. For example, an employee may be asked to wear long pants to cover a large tattoo on the leg as a reasonable accommodation that makes the tattoo less visible to the public. Employers who act overly harsh in enforcing a policy that restricts wearing tattoos may find themselves in court and will be required to defend their practices.
Critical Thinking Questions
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3-13. If a corporation restricts its employees from displaying visible tattoos in the workplace and faces a court challenge of employment discrimination under EEOC regulations, on what basis can the corporation defend its employment practice? Refer to the information in this case as well as in this chapter in the section on “Defense of Discrimination Charges ” to answer this question.
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3-14. A company’s sales representative obtained a highly visible tattoo on her neck after being employed at that company. The company has a dress code policy that restricts the display of visible tattoos for work that has close contact with customers. What would be a reasonable accommodation to present to this employee that would balance the need for enforcement of the dress code policy with a goal of being fair and acting in good faith to company employees?
Team Exercise
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3-15. Companies that have dress code policies should balance the company need for regulating the appearance of employees and how it reflects on the company image with the employees’ needs to appear in a way that reflects their individual identities. Form a team with several classmates and develop a policy covering the display of tattoos for the Cleveland Clinic, a health care facility, which is referred to in this case. In the policy for tattoos in the workplace, cover the following issues: (1) defining the employees who are covered (and not covered) by the policy; (2) the display of visible tattoos; (3) reasonable accommodations for employees with visible tattoos; (4) sanctions for employees who violate the tattoo policy within the dress code. Be ready to report your team’s findings to the rest of the class when called on by the instructor.
Experiential Exercise: Individual
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3-16. The purpose of this exercise is to reflect on the implications on a person’s career when planning on getting a tattoo. Assume that a friend of yours informed you that she is planning on getting a tattoo. She will be graduating soon from a university with a degree in business and will be looking for a job in marketing, which is the field that she concentrated on for her business degree. What advice would you give to your friend concerning the tattoo she is about to obtain? Your advice will cover the following aspects of getting a tattoo: (1) locations for the tattoo on a person’s body that could limit an individual’s opportunity to obtain a job offer or promotion into management in the marketing field; (2) images or topics for a tattoo which could be considered controversial or offensive to employers or customers and could limit career advancement; and (3) size and prominence of the tattoo, which can make a strong first impression during interviews. Be prepared to share the advice you gave to the friend with your fellow classmates when called upon by the instructor.