Body Art and Tattoo's at Work

Body art and tattoos in the workplace, OH MY! What does an employer do if a receptionist reports for work on Monday morning wearing several large earrings, multiple eyebrow piercings, pierced lips, tongue piercing, and a wildly inappropriate neck tattoo? The employer can remind the employee about the company’s dress code policy and ask the employee to cover the piercings and tatto however, the employee replys. “I cannot cover them up because it is required by my new church and against my religious beliefs”. The employer fires the receptionist. The employee sues. Does she win?

No, the employee loses this one. In general, employers can enforce reasonable job related workplace appearance rules if applied consistently. However, cultural or religious exemptions from a corporate dress code may apply for some eastern religions especially if they practice Ayurvedic medicine. Even the Church of Body Modification does not require that piercings remain in the body at all times. Employers should not ask if a facial piercing is linked to religious observance. An employer should inform the employee that the piercing is not permitted and against the company’s dress code. If the employee says the piercing is for religious observance, the manager should neither accept that reason at face value nor dismiss that reason at face value but instead consult with human resources.

According to a study published in the Journal of American Academy of Dermatology in June, half of people in their 20s have either a tattoo or a body piercing other than traditional earrings and 15 percent of those people have tattoos on their face, neck or hands.

The leading case on body art and tattoos is Cloutier v. Costco Wholesale, 311 F.Supp.2d 190 (D.Mass. 2004)