The Gibbons Jones PC Blog

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Employment Discrimination Based On Tattoos and Body Art
October 05, 2008

The New York Times recently ran an article entitled “Tattoos Gain Even More Visibility,” which discusses the rising popularity of body art and challenges facing employers in regulating employee dress.  The NY Times article noted that a recent survey found that 36 percent of people age 18 to 25, and 40 percent of those age 26 to 40, have at least one tattoo. As an Indiana employment law attorney, questions often arise regarding whether employers can make employment decisions based upon tattoos and other types of body art or require employees to cover up tattoos or remove piercings.

Most courts that have considered these issues have sided with employers, holding that employers have the discretion to enact dress code standards that include limitations and/or prohibitions on visible tattoos and body piercings. The most well-known case on this issue involved Costco Corporation and a female cashier who sued for the right to wear her eyebrow piercings and eleven earrings while at work. The court found for Costco, stating that “Costco has made a determination that facial piercings, aside from earrings, detract from the "neat, clean and professional image" that it aims to cultivate.”
Whether it is fair or unfair, employee rights lawyers are somewhat limited in what they can do to help protect the rights of employees who choose to display visible tattoos or piercings. 
 
In larger Indiana cities like Indianapolis and Fort Wayne, as well as smaller cities like Muncie and Columbus, tattoos and piercings are becoming more prevalent. Perhaps the passage of time will make employers more tolerant of body art. Until then, however, Indiana employees are well advised to consider whether visible body art will have a detrimental effect on their working lives.


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