Should You Hide Your Tattoos?

Tattoos have come a long way from being seen as symbols of rebellion or counterculture. They’ve evolved into forms of self-expression and artistry for millions worldwide. However, as tattoos have become increasingly prevalent, so too have questions about their place in the professional world. We are always told ‘be yourself’ and know that ink on an arm does not limit our abilities. Unfortunately, a negative stigma still exists and hiding tattoos may sometimes be the only way to get a job or promotion in some industries. So, can an employer legally make you hide your tattoos and should you?

The Law

If you are not hired because of your tattoos or are asked to hide them, is it discrimination? Currently, Title VII of the Civil Rights Act of 1964 protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin. It does not yet prohibit discrimination based on tattoos or other forms of body art. If your employer is targeting a specific group that is protected by law, i.e. males or certain religion, from having or showing tattoos, this is discrimination. The rule needs to apply to all employees. So, if your employer requires all employees to hide tattoos, you do not have protection under Title VII.

Some may argue that tattoos are a freedom of speech and are thus protected under the First Amendment. While this is a great argument, the First Amendment does not apply to private employers. Even if you work for the government, you may have a hard time arguing that tattoos are a freedom of speech. Courts have started to recognize tattoos as a form of expression, but still side mostly with the employer.

There are a few states and municipalities that are trying to implement laws against discrimination from having a tattoo. The laws have yet to be passed. So, it is legal for an employer to refuse to hire you based on your tattoos if the same rule applies to all employees. The only way you have protection under the law is to prove that you have been discriminated against based on a protected class.

The Industry

Tattoo acceptance varies greatly by industry. Just because one industry welcomes and accepts tattoos, does not mean that other industries must. For example, jobs in creative fields tend to be more accepting of tattoos. Employers of graphic designers or those in the music industry tend to value art and creativity more than others. Whereas jobs in law or finance tend to be a bit more conservative. These employers tend to have strict dress code policies that prohibit visible tattoos. While you are encouraged to take a stand and promote creativity and self expression, employers may not welcome the change. If you are an employee-at-will, you can be terminated for almost any reason. As long as the company is not discriminating against a protected class, they can prohibit the appearance of tattoos.

Summary

So, should you hide your tattoos? While it is entirely up to you, know that employers can and do have policies restricting the appearance of tattoos. If you are going on a interview, research the industry and company culture. If you are unsure, it may be to your benefit to hide those tattoos. Once you are hired, you can review the company policies before deciding if it is a right fit for you. Attitudes toward tattoos in the workplace are evolving, but employers, especially in the private sector, can and still do prohibit tattoos. As long as the policy does not discriminate against a protected class, it is legal for the employer to require you to hide those tattoos.

This article is intended for informational purposes only. It provides general information and is not intended and should not be construed as professional advice. The author is not your attorney, accountant, financial planner or any other professional and no professional-client relationship is created. We do not represent that the information provided is accurate or up-to-date as laws and regulations are always changing. If you have an issue that requires professional help, you should contact the appropriate professional to help you on your specific set of facts. Please read the Terms and Conditions for additional information.