I applied to a cleaning company for a job. After doing the application which no where in the application did it mention anything about physical appearence. They contacted my by email to set up an interview. I had called them to set up a time and asked them about there tattoo policy. I was told they were to find out by cooperate or management and they would get back to me. When I spoke with her on the phone I told her i had several tattoos and had one of 3 stars around my left eye. She then responded to me and said " our company policy dont mind body tattoos but facial tattoos is against our company policy and standards. Is this considered discrimination or how can they have 2 different policys on tattoos. Most are No tattoos, or visable......
Lawsuit / Dispute Attorney
Although this might very well be a form of discrimination, it isn’t necessarily illegal discrimination. In employment law, only certain types of discrimination are prohibited (race, color, religion, sex, pregnancy, national origin, age (if 40 or older), disability, or genetic information). If you feel that your circumstances qualify, you must file a claim with the Equal Employment Opportunity Commission (EEOC) to preserve any Federal claims and with the Pennsylvania Human Rights Coalition (PHRC) to preserve any state discrimination claims. Generally you only have 180 days to file a claim.
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Generally, in employment at will situations, employers are free to set policies as long as they do not discriminate based on a protected category (such as age, race, sex, etc...). I don't believe your face tattoos put you in a protected category.
Employers are free to adopt policies against hiring persons with visible body modifications such as tats, piercings, etc. It is discrimination -- lawful discrimination.
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Estate Planning Attorney
The other attorneys are correct.
I don't see that there are two tattoo policies. I see one policy that states that body tattoos are allowed but that facial tattoos are not. In many cases, visible tattoos are the problem with companies. When it comes to tattoos, you will most likely not be fired for having them, but having them may keep you from being hired. When looking for a job, it is considered wise to cover tattoos during interviews until you can see what the company policy might be. I know that this is stifling creativity, but you don't want your ink to be the focus of the interview.
As you have facial tattoos, you may face a lot of discrimination, but facial tattoos do not put you not a protected class. That being said, you may want to look for positions in companies and businesses that are considered more creative. There are some companies that would not hire anyone with a tattoo because of the company image, and there are other companies that embrace their employees' body art. Good luck!
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