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     Saturday, July 04, 2009 - Updated 09:46pm CST    
 The Word     Employment Law Post    

Coming to Your Workplace: Visible Tattoos

October 1, 2008 at 7:59 am by: John Phillips

Two places on the body have been off limits for tattoos: necks and hands. Collars and cuffs would, therefore, protect the tattooed from violating a workplace dress code that prohibited visible tattoos or from letting anyone at work know that one had tattoos on any part of the body. According to the New York Times, the visible tattoo taboo is waning.

Let’s be clear about the legal parameters that still remain. Employers can have a dress code or appearance policy prohibiting visible tattoos. Occasionally, an employee will claim race, gender, religious, or national origin discrimination, but those cases rarely get to first base. Employers have the right to tell employees how to dress, what looks professional and what doesn’t, and whether something is likely to interfere with customer or client relations.

Times are changing, however, and the question that continues to be pushed by employees is why can’t I have something on my body and show it proudly when that something — a tattoo — is becoming more mainstream every day. There was a time when a coat and tie for a man and a dress for a woman were considered musts for professional attire. Now it’s hard to find any workplace that doesn’t look like a bunch of gardeners have just come inside to take a break.

Before you say casual dress will never include a tattoo in your workplace, consider that two years ago, 36% of people age 18 to 25 and 40% of people age 26 to 40 had at least one tattoo. Undoubtedly, the percentages are higher today. That means some of your employees have tattoos whether you know it or not, and some of your customers and clients have them as well. And increasingly, as you wander around your community, you see more visible tattoos than used to be the case.

According to the Times article, you see them on restaurant employees, fashion models, hairdressers, doctors, teachers, physical therapists, and funeral directors. Wall Street doesn’t have any visible tattoos, but how could Wall Street have screwed us any more by having a few tatted up brokers?

I’m not advocating tattoos in the workplace. I’m still uncomfortable with casual dress. But revisiting tattoos (and piercings) is probably something HR professionals should do from time to time. You don’t need to do that because the law is changing. You need to do it because what’s acceptable at work and in social settings is changing. And if you don’t change, you just might lose some employees who would serve you well.

Besides, just as increasing numbers of people are getting tattoos, increasing numbers of the tattooed are deciding to have them removed (which is 20 times more painful than getting them). Interestingly, the decision to have a tattoo removed usually has nothing to do with work. It happens when a person has a child and is concerned that the wrong image will be projected by the parent. Imagine that.

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