GOOD TO KNOW FACTS

Title VII of the US Civil Rights Act of 1964 says that a private company with more than fifteen employees cannot discriminate on the basis of religion, sex, race, color, or national origin. So company decisions to hire, fire, promote, shell out benefits or the key to the Executive Washroom must not be based on these “protected classifications.” To do so is illegal. Title VII is not the only law that protects Americans from job discrimination.

Many state laws have extended protection against discrimination on the basis of sexual orientation, transgender, and even obesity. There’s also the federal Americans with Disabilities Act, Equal Pay Act, Age Discrimination in Employment Act, Immigration Reform and Control Act, Pregnancy Discrimination Act, and the National Labor Relations Act.

Despite all these Acts, the curtain falls for those judged on their body modifications, no matter how good the performance. That is, unless you can make a claim under one of these classifications.

RELIGIOUS DISCRIMINATION

 While employees generally have more success claiming that dress codes infringe upon religious beliefs, for the tattooed and pierced, success is unlikely.

SEX DISCRIMINATION

 If an employer’s dress code significantly differentiates between men and women, without being based on social norms, or poses a greater burden on women, then it can be deemed discriminatory. So, for example, a dress code that allows earrings for women but not men could be considered discriminatory.

Imagine a case where a company allows its male employees to sport visible tattoos, but, after reading in the Philadelphia Daily News that tattooed women are sluts, the employer decides that it’s best for public relations that female workers remain pure and unblemished: To that, one can hear a resounding “Sue their ass!”

Keep in mind that the US courts have often held that anti-discrimination laws are not intended to hinder employers who set reasonable appearance standards fitting for their business. In 1998, the 11th Circuit Court of Appeals in Harper v. Blockbuster Entertainment upheld Blockbuster’s dress code that mandated male employees to cut their long hair, but not female employees.

Thus, even if there are different appearance standards for men and women relating to body mods, it’s still not an easy case to make out.

NATIONAL ORIGIN DISCRIMINATION

 Employers cannot enact a dress code that treats certain employees unfairly because of their national origin unless it would result in undue hardship for the company. This national origin classification covers ancestry, language, accent, and culture, among others.

So, for example, a Maori with a moko tattoo could have a claim under this provision as these facial tattoos are based on genealogy and tribal affiliations. Or an East Asian woman could fight to keep in her nose stud at work, claiming the cultural significance of facial adornment, such as in marriage ceremonies.

As a Greek-American, where my ancestors shunned tattooing except to mark the foreheads of criminals, it is improbable that I would fall under the national origin exception..

BRINGING AN ACTION

Still, if you feel strongly that you’ve been wrongly discriminated against for your body mods, you may file a charge with your local Equal Employment Opportunity Commission office, which may be found online or by calling 1-800-669-4000. An EEOC charge must be filed within 180 days of the date of the disputed conduct.

Outside of the EEOC, a claim for breach of contract can be filed for those who have employment contracts, such as union workers or some executives. There must be “just cause” to fire someone under an employment contract, unlike “at will” employment — Most Americans fall under “at will” employment.

Government employees have greater protection than private employees because they not only fall under all those anti-discrimination acts, but they have constitutional protections as well. So, hypothetically, a government employee fired for having tattoos may have a free speech claim.