How About Those Tattoos in the Workplace?

By Priscilla Kohl, HRTools Staff Writer

There’s a book out titled Weirdos in the Workplace: The New Normal--Thriving in the Age of the Individual. The caption displayed on the first chapter of the book says, “A weirdo is anyone not like you!”  The author, John Putzier, goes on to explain that the workplace is simply a microcosm of our world.

In the United States, people with exposed body art have been historically stereotyped as belonging to a “counter culture.”  They were perceived as either rebellious or challenging the social mainstream of the day.  Now, body art is on the rise, and there is no sign that the trend is changing course. 

Tattoos Going Mainstream

According to a Pew Research Center study, slightly more than 33 percent of Americans between the ages of 18 and 25 have tattoos. That percentage increases to 40 percent for people between the ages of 26 and 40. For people over the age of 40, the percentage drops to 10 percent. In all, an estimated 30 million to 40 million people have tattoos.

Like other generations before them, these 30 to 40 million Americans need to, or will need to, work. When social changes and trends affect the workplace, inevitable conflicts of interest and misunderstandings evolve between employees and employers. When individuals are compensated to represent the public image and branding identity of a business, employees are generally expected to conform to acceptable dress and grooming standards.

Balancing Customer Expectations and Employee Rights

With an increasing percentage of the fastest-growing workforce age groups in America participating in visible body-art expression, employers can often feel strained to choose between customer expectations and employee expectations.

On issues regarding dress or appearance at work, the courts have been siding with employers, except in cases of religious observance.  According to an article published in The New York Law Journal, the courts ruled (Cloutier vs. Costco Wholesale) that tattoos and body piercings are voluntary body art which employers may choose to exclude from the workplace. However, employers should be aware that it may be necessary to accommodate such expressions of individuality if they are linked to individual religious, cultural or ethnic beliefs.

For the most part, laws tend to allow employers to set and enforce appearance policies so long as no one is discriminated against based on age, race, color, religion, sex or national origin. In a September 16, 2005 Equal Employment Opportunity Commission (EEOC) press release, the federal agency reported a religious-discrimination charge resolution.  The EEOC had charged a national burger chain, Red Robin Gourmet Burgers, with refusing to accommodate the religious needs of an employee who had visible tattoos.  Red Robin agreed to settle the case for $150,000.

Reaching Common Ground

Setting aside the legal concerns, there are reasonable ways that employers and employees can work together to reach common ground. After all, U.S. business owners need qualified and skilled workers, and most Americans need to work.

Milan Larson, an assistant professor of human resource management with the Monfort College of Business at the University of Northern Colorado, discussed the subject of tattoos in the workplace. Here is what he said in a May 4, 2008 article published in The Tribune, a Greeley, Colorado publication.

 "With the tattoo thing, and for that matter, body piercing, companies are realizing they sort of have to let their guards down a little bit," Larson said. "Times are tight with finding qualified employees ... so if they need to staff an organization, they will have to look for talent.”

That said, according to many surveys, most job applicants conceal their body art during an interview. Keeping in mind that tattoos are permanent (compared to other voluntary appearance-related decisions), the question then becomes, what happens after the applicant is hired? 

Answers May Not be All Right or All Wrong

As with most life dilemmas, answers may not come from simple “black and white” zones.  Perhaps the following questions and examples will give an idea of what some employers are faced with: 

1. What if a bank teller is “inked” with a skull and crossbones or a bright color bomb design exposed up and down their arm?  If you are the employer or supervisor, you may have reason to be concerned about customer reactions. 
2. Imagine a financial accountant working in a cubicle with tattooed butterflies and flowers decorating her shoulder.  As long as the expense reports or SEC financial statements are accurately processed in a timely manner, does it matter how many tattoos she has on her shoulder? 
3. How about restaurant cooks preparing food dishes completely out of the patrons’ sight?  As long as the restaurant workers prepare quality food and adhere to health and safety codes and practices, will anyone care how “inked” they are?  Restaurant servers or waiters, on the other hand, are usually self-motivated by their own business needs, as evidenced by their tip-earning potential. 
4. What if you are the partner of a law firm and your mergers and acquisitions attorney has heavily-tattooed arms that resemble a dungeons and dragons scene?  Some clients may find that troubling and unreassuring.
5. What if the gentleman handling your retirement-planning portfolio at “We Keep Your Money Safe” investment firm greets you with snakes and flame-breathing dragons encircling his forearm?  Most clients and customers take their money and investments seriously and expect their custodians to use more conservative judgment.

Sign of the Professional Times

Attorney David Kimelberg, a general counsel for a venture capital group in Newton, Mass., says he keeps his tattooed arms concealed while working. He explains, "They do tend to be distracting. They're unique and colorful. Your attention goes to that if they're exposed."

Ironically, Kimelberg’s co-workers now know about his tattooed arms because he recently published a book about heavily tattooed white-collar professionals, such as accountants, lawyers and doctors.  In his book, INKED Inc., Tattooed Professionals, Kimelberg writes about other tattooed professionals, such as Dr. Dave, a medical doctor and graduate of Columbia Medical College. In his private New York City practice, Dr. Dave also provides care to uninsured patients who otherwise cannot afford it.

Some Employers Address Tattoos and Other Appearance Issues in Handbook Policies or Employee Agreements

Some HR professionals suggest issuing either workplace policies or employment agreement(s) that address appearance and dress expectations, based on both the interests of the employer and customers or clients. Candidates can then read, agree to and sign (or not) the document(s).  Policies should be written in such a way that they can be consistently applied while allowing for religious or cultural accommodations.

With an increasing percentage of the fastest-growing workforce age groups in America participating in visible body-art expression, employers can often feel strained to choose between customer expectations and employee expectations.