Do Job Discrimination Laws Apply to Tattoos in the Workplace?

We have written a lot in the past about how Title VII of the federal Civil Rights Act of 1964 applies to a variety of common employment discrimination scenarios. In this blog post, we want to take time to consider how this act relates a less obvious breed of job discrimination that is emerging in the world today – tattoo discrimination.

Tattoos in the Workplace

Tattoos are more accepted than ever before, and statistics suggest that they will only continue to grow in popularity. Over 20 percent of U.S. adults are now inked, and 38 percent of the millennial population boasts at least one tattoo. And with millennials (people born from 1981-1995) integrating into the workforce in waves, the workplace/tattoo conversation is more loaded than ever before.  

Perceptions About Tattoos in the Workplace

What do people think about tattoos in the workplace? Statistics suggest that there is still a large stigma around ink in the corporate world:

• 37 percent of managers list tattoos as a physical detriment to career potential
• 42 percent of people believe that visible tattoos are inappropriate at work
• Neck, head, and face tattoos carry the greatest stigma
• 0 states have laws that protect people with tattoos during the hiring process

Is Culture Shifting?

There has always been a type of stigma against tattoos in the workplace – that probably isn’t news to anyone. Questions are beginning to form, however, around whether or not this stigma will be allowed to continue. With tattoos becoming more popular, will workplace culture shift to make room for them? Will hiring managers and human resources be able to leave tattoos out of the overall evaluation process? And if not, should employment law be applied to protect against tattoo bias?

Job Discrimination Laws

Because Title VII of the Civil Rights Act of 1964 protects employees and prospective employees from job discrimination on the basis of race, color, national origin, sex, and religion, there may be a way to apply it to protect people with tattoos. If an employer enforces policies against tattoos inconsistently, for example, the employee may be able to claim discrimination against race, gender, etc. If an employee has tattoos that include religious significance and are important to his or her faith practices, the conversation may shift to one of religious discrimination. As you likely recognize, there is no cut and dry law that protects individuals from tattoo bias, but tattoo bias that clearly morphs into job discrimination can be addressed in court.

Support from an Employment Attorney

The discussion about tattoos, discrimination, and the workplace is still remarkably complex, but an experienced employment attorney can help. If you have more questions about this topic or need help evaluating your current employment situation, don’t hesitate to call the Law Office of Perry Piñón today!