How to Address Tattoos and Body Piercings in Your Cleaning Company Policy Manual

The number of people today that have tattoos and body piercings has increased considerably over the past decade and this trend continues to grow. As a result, cleaning companies would be wise to review their dress code policies, and address tattoos and body piercings in this section of their company policy manual.

More and more of our youth generation are not only sporting tattoos, but are getting body piercing in areas other than the soft part of the earlobes. Recent studies estimate that around 40 percent of adult's ages 18 to 40 now have tattoos or body piercings in places other than the earlobe. This increase in “fashion” has caused employers to enact new policies and add addenda to their current dress codes. But employers need to be aware that prohibiting or putting restrictions on tattoos and body piercing could lead to legal consequences.

EEOC Does Not Allow Discrimination When It Comes to Dress Code and Appearance

The Equal Employment Opportunity Commission states the employers are allowed to impose dress codes and appearance policies as long as they don't discriminate against a person's race, color, religion, age, national origin, gender, or any state protected class status. Employers can establish appearance codes that prohibit tattoos and/or body piercings that are not consistent with the companies branding, image, values, or mission. Companies can prohibit employees from displaying tattoos during work hours that have slogans or images that are demeaning, feature profanity, or other images or messages that do not project the desired image to company customers or creates an unsafe and/or unproductive work environment.

A lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC.GOV), will require Red Robin Gourmet Burgers, Inc. to pay an employee $150,000. The EEOC alleged in its suit, that Red Robin refused to offer Edward Rangel, a server at the restaurant, any accommodation for his Kemetic religion, an ancient Egyptian faith. As part of his practice, Rangel went through a rite of passage where he received religious inscriptions in the form of tattoos. Red Robin has a dress code that prohibits employees from having visible tattoos. The EEOC said that although Rangel worked at Red Robin for approximately six months without a complaint from customers, co-workers or his immediate supervisors, a new manager saw the tattoos and fired Rangel for not concealing them. Title VII of the Civil Rights Act, states employers with 15 or more employees “must reasonably accommodate employees' sincerely held religious practices unless doing so would impose an undue hardship on the employer. Red Robin agreed to settle the case, paying Rangel $150,000 and agreeing to make substantial policy and procedural changes to insure that management understands its obligations to accommodate religious beliefs and employees have a better chance to have their needs fairly considered.

This is just one example of why companies need to have a written policy in place for management and employees to follow. This not only cost Red Robin financially, but certainly caused a blemish on their business and brand. Company policies on prohibiting or regulating tattoos and body piercings should not single out any particular groups of people, races, genders, or religions and the policy should avoid using value judgments and personal preferences. Companies have the ability to limit the employees' personal appearance on the job but need to make sure they don't discriminate against any protected class. The policy should include the company's position on tattoos and body piercings and if the company chooses to include prohibitions or regulations concerning personal appearance, they should be written into the policy as well. The policy should be easily understandable, concise, and consistent. The policy should be written to follow all laws and guidelines governing against discrimination or violations to employees civil liberties.

How to Address Tattoos, Body Piercings and Appearance in Your Cleaning Company Policy Manual

When addressing tattoos, body piercings, and overall personal appearance, the policy should include a statement about the employee's obligation to exercise sound judgment with regard to their personal appearance.

Examples of sound judgment:

• Keep exposed tattoos, piercing, and jewelry to a minimum
• Take piercings out or wear clear spacers when on the job
• Wear small and conservative jewelry items
• Cover exposed tattoos if possible, especially if they can be considered offensive
• Keep hair color moderate, sensible and natural while on the job
• Keep hair trimmed, clean, and neat on the job
• Keep nail polish modest such as clears or solid colors

If a conflict does arise, the employee should be encouraged to identify the appropriate solution(s) to the problem such as removal of excesses, covering tattoos, alternative colors, or transferring to another position. Supervisors and managers will have the responsibility to address and resolve issues related to the company's policy. The end goal is mutual cooperation.

The company can choose to recognize the free will of expression for individuals and make no regulatory rules to control, order, or interject when it comes to tattoos and body piercings unless it interferes with job performance or creates an unsafe work environment for the employee or co-workers.

Conflicting factors to consider when it comes to employee dress code:

• The safety of the employee or others
• Hindering or prevention of productivity or performance
• Perceived offensive on the basis of race, color, religion, age, national origin, gender, or any state protected class status
• Company standards, rules and models
• Customer and/or employee complaints

A person's free will to express themselves whether through body ink, body piercings, or any other forms of personal expression is a right provided by this country and a freedom granted to everyone. There has been a trend in the past couple decades, especially among the younger generation of our society to express themselves through this “art” form. It showcases who they are, what they stand for, and their personal beliefs and in no way is an indicator of their character, temperament, disposition or ability to perform on the job and job functionality.

Society trends are constantly changing and companies need to address these changes in their company policies. These updates and addendums need to be implemented to protect the company against legal issues and to protect their employees' rights as well. Whether new or revised, the personal appearance policy will help reduce conflicts in the work place by educating management and employees alike.

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