Piercings and tattoos are growing in popularity. This trend, often referred to as body art, may be readily visible on body areas including earlobes, tongues, noses, lips, eyebrows, and cheeks. Additionally, some people with piercings or tattoos on the navel or other private areas may feel compelled to reveal them in the workplace. Because this trend is growing in popularity, it is important to have clear policies about piercings and tattoos in the dress-code section of the employee handbook.

The Equal Employment Opportunity Commission (EEOC) says employers are allowed to impose dress codes and appearance policies as long as they do not discriminate or hinder a person’s race, color, religion, age, national origin, or gender.  Here are some guidelines and examples to help you avoid trouble.

Give consideration for religious accommodation.

In some rare cases, piercings and tattoos are the results of ceremonies or expressions used in bona fide religions. There are not many of these religions, though.

In a case where an employee tried to take advantage of this protection, Costco asked an employee to remove her facial piercing because it violated the dress code policy in the employee handbook. Costco suggested accommodations that the employee rejected. The employee claimed that she belonged to the “church of piercing” and the she should be exempted from the policy. The courts ruled that the church did not meet a bona fide religion.  Costco walked away without having to pay the employee or make an accommodation.

Use reasonable business or safety consideration. 

If safety is the primary concern, then include everyone in the rules, as you would do when prohibiting unprotective footwear, for instance. Ameritech Corp. asked three telephone-line technicians to lose their facial jewelry. The company claimed it was a “safety-based” employee handbook policy due to working next to electric lines. The employees filed a grievance with OSHA because all jewelry was not prohibited — only their facial jewelry. The claim was finally settled with the company agreeing to ban all jewelry in their employee handbook dress code policy. 

Be specific about what is/is not permitted in clothing, piercing, and tattoos.

With piercings, locations on the body should be clearly addressed. Tattoos may contain profanity or sexually explicit depictions; these should be considered when stating a policy.

In one case, an employee working for a company had blue hair, a pierced eyebrow, and a nose ring. When the employee appeared one day with a new piercing in the tongue, the supervisor stated a dislike for tongue piercings and asked the employee to remove it.  When the employee refused, she was fired and subsequently sued the company. Because of a lack of specific language in the dress code policy, a judge ordered that the employee’s job be reinstated with full back pay and tongue piercing intact.

Finally, it’s O.K. and a good thing for policies to match the corporate culture and public image. Businesses that are conservative or that cater to certain age groups may have strict dress code policies. Conversely, companies that aim to attract creative, artistic, or trendy clientele may be less stringent.

Wendy Christie is a human resources consultant. To reach her, email WChristie@EmployeeHandbookCompany.com or call 406-539-8041.