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Body art discriminantion in the workplace
January 25, 2013 at 10:01 AM
"Title VII of the Civil Rights Act of 1964 . Title VII prohibits discrimination because of race, color, religion, sex, and national original. Title VII applies to all private employers, state and local governments, and education
institutions that employ 15 or more individuals. Rehabilitation Act of 1973. This law essentially applies the standards of Title VII to the federal government as an
employer. Lilly Ledbetter Fair Pay Act. The Fair Pay Act changes when the statute of limitations begins for workers’ claims of
pay discrimination under Title VII and the Age Discrimination
in Employment Act (ADEA) to declare that an unlawful
employment practice occurs not only when a discriminatory
pay decision or practice is adopted but also when the
employee becomes subject to the decision or practice, as well as each additional application of that decision or
practice. In other words, each time compensation is paid. Equal Pay Act. The EPA prohibits sex-based pay discrimination between men and women who perform under
similar working conditions. The EPA applies to all employers
covered by the federal Fair Labor Standards Act (FLSA). Pregnancy Discrimination Act (PDA). The PDA, which is part of Title VII, prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Family and Medical Leave Act (FMLA). The FMLA prohibits discrimination against pregnant women and
parents as well as employees with serious health conditions.
In 2008, two new types of FMLA leave were created which
gives job-protected leave for family of members of the armed services. Age Discrimination in Employment Act (ADEA). The ADEA prohibits discrimination against employees age 40
and older. The ADEA covers private employers with 20 or
more employees, state and local governments (including
school districts), employment agencies, and labor
organizations. Americans with Disabilities Act (ADA) and ADA Amendments Act (ADAAA). The ADA and ADAAA prohibit discrimination against a qualified employees or job
applicants with a disability because of the disability,
association with someone with a disability, or because the
employer sees an employee as disabled, even if he actually
isn’t. The ADA and ADAAA applies to the same list of
employers as Title VII. Nineteenth Century Civil Rights Act. This Act, amended in 1993, ensure all persons equal rights under the
law and outline the damages available under the Civil Rights
Act of 1964, Title VII, the ADA, and the 1973 Rehabilitation
Act. Genetic Information Non-Discrimination Act (GINA).The federal Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers, employment
agencies, and labor unions from discriminating against employees based on genetic information. It also prohibits insurers from charging higher premiums based on genetic
information or from using genetic information in underwriting
decisions. In addition to federal laws, many states also have laws similar to the ones above prohibiting discrimination and some include even more protected categories than the
federal laws cover. State-by-state comparision of 50 laws in all 50 states including discrimination laws Sexual orientation discrimination On June 24, 2009, the Employment Non-Discrimination Act ( ENDA) of 2009 was introduced in the U.S. House of Representatives. ENDA is a proposed federal law that would
prohibit sexual orientation discrimination in the workplace. Sexual orientation discrimination currently is not explicitly
prohibited under federal law. Certain states have enacted
discrimination laws that apply to homosexual, bisexual, and
transsexual individuals. In some states, sexual orientation
discrimination is prohibited only in certain municipalities.
There have also been attempts to provide discrimination protections through court cases interpreting existing sex
discrimination laws."


*****All of these things are protected in regards to employment, however in 2013 body art discrimination is still alive and well, and socially acceptable. The reasoning is often because of the fear of "offending" a patron, yet other possibly offensive things are protected (as they should be IMO) such as national origin, religion including religious garments, gender identity, etc.
I understand employers may not want someone with, say, large ear gauges, or many tattoos, however there are employees who also don't want blacks or forigners, those of other religions, women, or open homosexuals, and those people still get the protection they deserve.

Why is this still acceptable in our culture? Do you agree or disagree with it? No bashing, let's all be big girls :)


  • FromAtoZ
    January 26, 2013 at 12:39 PM

    Quoting punky3175:

    How did I not know you had a nose piercing?!?!? That just makes you even more awesome! ;-)

    Quoting FromAtoZ:

    You make the choice when it comes to body modification.

    I certainly would not hire some one with huge ear gages, holes all over their face (and my nose is pierced) or tattoos covering their body, offensive tats or otherwise.  I also have a tattoo.

    Extreme is one thing, moderate is different.

    Hahaha! You can't really see it.  My nose is too big. lol

  • LindaClement
    January 26, 2013 at 8:38 PM

    Being allowed to have dress codes is unrelated to body art. Tattoos, you see, aren't 'dress.' Jewelery that is not removable is also not 'dress'.

    I don't think anyone's suggesting that being clean, neat and fully clothed are related in any way to piercings or tattoos, are they?

    Quoting stacymomof2:

    Meh.  I don't feel as though there is much of a comparison between  sex discrimination and whether a conservative industry should be required to hire someone who doesn't look "conservative."  For one thing a tatt is a choice.  For another you can still get them in places that only show when you want them to.

    Personally I don't care how many holes are in a person's face.  However business are allowed to have dress codes, I don't consider that discrimination and neither does the law.  That's like saying you should be able to wear sweats to your job at Macy's.  You just can't, that is not the image they want to portray.  

    I am required to dress appropriately at my job as well.  I am expected to look professional, wear clean clothes, business casual, comb my hair and all that good stuff.  In my position I am required to present a certain image.  I can't slop around just because I prefer to do so.  (And I do.)

    Quoting LindaClement:

    Not everyone wants a female banker, either. 

    It's best to ignore that kind of attitude rather than pandering to it. It makes it go away faster.

    Quoting stacymomof2:

    I think it is silly to call businesses not wanting to hire tatooed and pierced people discrimination.  That being said, in my business it is extremely rare for our employees to not have both.  Nobody cares if the DJ and bartender have tatts and piercings.  As a matter of fact it's practically expected.

    However not everyone wants their banker with visible tatts.  Such is life.  If you are looking for a job in a conservative industry better keep them under wraps.

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