Human Resource Blog

What is a good personnel policy regarding body art and piercing?

What’s a good personnel policy regarding body art and piercing?

This depends upon the employer and the nature of the business.

Many employers take a rather conservative approach and prohibit visible body art, particularly in more traditional businesses like banking, or in customer service industries like hospitality. If your company opts for a policy like this, an employee who had a tattoo on his forearm would be required to wear long sleeves. An employee who had teardrops under his eyes, or other facial tattoos would be terminated, since there is no reasonable way to cover them at work.

Other employers permit visible tattoos, as long as they do not depict offensive or illegal activities. Many people would find a tattoo of a naked woman offensive, and many customers might hesitate to do business with you, if your employee has a marijuana leaf prominently displayed on his hand.

Sample wording: *Visible body art or tattoos are prohibited. All body art must be covered by normal clothing or uniforms while at work.* OR, *Visible body art or tattoos that are offensive or depict illegal activities are prohibited. The employer is the sole judge of what constitutes unacceptable tattoos.*

With piercings, it is not usually the piercing that is an issue — it is the jewelry worn in the piercing. For example, you may hire an employee with a pierced tongue but require that she remove the jewelry while she is at work. This is a perfectly reasonable requirement. Many employers limit earrings to one or two per employee. Some employers permit women but not men to wear earrings at work and require that they wear two or none but not one.

It is perfectly legal to have different standards of appearance for men and women. The courts have repeatedly ruled that it simply conforms to the norms in our society, that men and women frequently dress differently.

Sample wording: *Extreme jewelry is not permitted* (You do not have to say so, but note that in this wording, the employer alone determines what is and is not *extreme.*) OR *Jewelry is limited to a watch, wedding ring, and religious medal or symbol for men. Women may wear a watch, wedding and or engagement rings, single pendant, and small to moderate earrings.*

Also note that an employer can change the dress and appearance standards at any time. So even if an employee had the tattoos or a stud in a pierced tongue when interviewed and hired, the employer can decide that it is unacceptable at any time.

Be aware that for certain women of Hindu or Indian heritage, having a pierced nostril may be a reasonable accommodation for her religion. However, the employer does not have to permit the pierced nostril for women of other national ancestry and religions.