While it is illegal for employers in California to discriminate against employees because of their hair, others can and do require that employees cover tattoos or have piercings. Employers often make excuses for employees’ appearances, which makes them immune from being held responsible. We’ll be covering all you need to know regarding California laws that govern tattoos, piercings, and hairstyles for employees.
Can my employer ask me to cover up tattoos and piercings?
California employers have the right to ask potential employees to cover tattoos or piercings.
Employers who want to apply anti-piercing and tattoo rules must:
- Make sure the employee handbook and dress code manual clearly define body art policies.
- You should specify which tattoos and piercings are prohibited at work.
- All employees should be aware of the policy against piercings and/or tattoos. A company cannot ban certain types of scripts, prohibit tattoos, or regulate piercings on the basis of gender.
Employers continue to debate the role of body art in the workplace as it grows in popularity among younger generations.
Employers have the right to restrict employee appearance and make employment decisions based upon factors such as tattoos or body piercings. However, employers who allow body art at work should make reasonable accommodations for employees.
An employer might ask an employee with a offensive tattoo on their forearm to wear long sleeves at work. However, an employer could fire someone for having a tattoo on their arm. If customers or other employees could reasonably be offended, but the dress code manual does not include a tattoo policy, and the employee follows their employer’s requests to cover the tattoo while at work, it is unlikely. If the worker refuses or is unable to cover the tattoo, their employer could terminate them.
A judge ruled in favor of an employer who “unfairly dismissed a worker because he had a swastika-tattoo.” The judge did not specify that an employer could not dismiss an employee for having an offensive tattoo. It was only that they failed take the proper measures to investigate the tattoo and the employee.
Can an employer ban religious tattoos or piercings?
Title VII of Civil Rights Act requires employers to accommodate religious beliefs and practices for 15 or more employees. Employers can only be exempted if they can show that it would cause “undue hardship” to their business.
Employers cannot discriminate against someone who has a tattoo or piercing that is based on protected characteristics, such as their religion or national origin. They can also refuse accommodations for those with disabilities if they can show undue hardship.
Can my employer discriminate against me for my hair?
Employers in California cannot discriminate against employees because of their natural hair or hairstyles that are associated with race, ethnicity, or gender.
Discriminating against employees with religiously-affiliated body art is a form of religious discrimination. In California, it is also illegal to discriminate against employees who have hairstyles that are associated with a particular race or ethnicity.
The CROWN Act does not apply to religious organizations, non-profits, or private employers with fewer than five employees.
The rest of the U.S. could soon follow California’s lead– In March 2022, the U.S. House of Representatives approved the CROWN Act to become a federal law. If the President and Senate agree, these protections will soon be available to all Americans, regardless what their state is.
Common Explanations for Wrongfully Firing Workers
Employers will often cover up wrongful terminations in order to avoid being sued for discrimination or wrongful termination.
Your employer might fire you for your body art and hairstyle. But, you claim that you are…
- Other employees were mistreated
- You are required to terminate your services if the company does not require them anymore.
- Poor job performance;
- You stole something from the company;
- Violation of a hate-speech policy or harassment policy
- Could not perform the required tasks of the job.
- Were fired because of financial reasons.
- Violation of company policies concerning appearance, attendance, or behavior
- More
To justifiably end your position.
There are some lies that are more difficult to expose than others. Let’s take, for example, your employer claims that they no longer require your job, and then hires someone without the body art to do the same tasks. It may not be difficult to prove their claim that they no longer require your position is false. Other claims or excuses can be difficult to prove false. This is where an employment lawyer comes in.
Summarized from an article by Wilshire Law Firm.
