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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 :)


  • katy_kay08
    January 25, 2013 at 10:50 AM

    body art is a conscious choice made by the individual and the person making such a choice should be aware of the consequences (both positive and negative) of making such a decision.   I don't believe these types of decisions should be protected.  

    I personally don't see this type of decision as being on the same level as gender dysphoria.  Unless you want to argue that body mutilation (aka "art") is a mental health issue.  I could probably get behind an argument that those that mutilate themselves to the point of disfigurement are suffering from mental illness.  

  • MommaGreenhalge
    January 25, 2013 at 10:51 AM
    So if you want to get a tatoo, get it on an area of your body that can easily be covered by clothing. Otherwise, understand that your choices in jobs may be limited. It's common sense. What ever happened to personal responsibility?
  • talia-mom
    January 25, 2013 at 10:55 AM

    Yes, I agree with it.  It is something you choose.   No one should be forced to hire a person with face tattoos and as many piercings as they can get.

  • talia-mom
    January 25, 2013 at 10:58 AM

    Why does tolerant mean having to hire someone?

    Quoting LAHnTAH0812:

    there's a customer who comes into my work frequently who's face is striped like a tiger's. i'd say he probably would say he felt he was born as a tiger incarnate or something.
    i really don't see the difference. we are all supposed to be tolerable of each other.

    Quoting mustloveanimals:

    It is like a dress code, it is all about creating a professional atmosphere. Sorry but tatttoos on your face definitely doesn't scream "professional."

    And no, someone who "chooses" to represent a different gender would say they are NOT making a choice but just dressing the part that they felt they were really born as. One cannot make the same argument for body art.

  • Woodbabe
    January 25, 2013 at 11:09 AM

    I'm pretty that's because it's considered a mental health issue of some sort?

    Quoting LAHnTAH0812:

    but isn't something like choosing to represent a different gender, i.e. a woman choosing to be a "man" (without surgery), elective? their feeelings on being a certain gender might be something they can't control, but their actions, they can. why is this protected and body art is not?

    Quoting Woodbabe:

    I think its because body art is something you electively choose to do to yourself to express who you are to the world.

    You can say its not fair to judge you, but the harsh reality is that yes, you are judged. You are judged everyday on how to choose to present yourself to the world.

  • TruthSeeker.
    January 25, 2013 at 11:12 AM

     It's not just body art, but attire, cleanliness, hygiene, etc are all judged and critiqued.

     I don't see a problem with an employer having standards and grooming codes for his employees.

     I can't wear sweatpants to my work. I also cannot have any facial piercings. I had to take my nose ring out on the days I worked. I kept forgetting to put it back in and it closed up. Should I have taken up legal action against rules and regulations that were already in place when I CHOSE to work there?

    Quoting Woodbabe:

    I think its because body art is something you electively choose to do to yourself to express who you are to the world.

    You can say its not fair to judge you, but the harsh reality is that yes, you are judged. You are judged everyday on how to choose to present yourself to the world.


  • Woodbabe
    January 25, 2013 at 11:14 AM

    When you choose to do this stuff to yourself, you are forced to accept that there WILL be consequences. Does this guy look like he'd get hired to be a Kindergarten Teacher?

  • loisl25
    by loisl25
    January 25, 2013 at 11:14 AM

     Race, nationality, gender, and sexual orientation are not choices. Tatoos are a choice based on someone's personal sense of style. Many workplaces have certain types of 'style' that they do not feel represents their company the way they want it represented. They can tell you, as an employee, not to dress goth, or dye your hair bright pink, and they also have a right to want your tatoos covered or to not hire someone because of tatoos. It would only be discrimination if that tatoo were not your choice to get. Like if you were born with it. Many many people find tatoos trashy and most companies do not want to be seen by their clients as trashy.

  • katy_kay08
    January 25, 2013 at 11:15 AM

    I would also add that if someone is to do something such as this to themselves it telegraphs their decision making processes and that should absolutely be taken into consideration when hiring.  

  • loisl25
    by loisl25
    January 25, 2013 at 11:17 AM


    throwing up

    Quoting Woodbabe:

    When you choose to do this stuff to yourself, you are forced to accept that there WILL be consequences. Does this guy look like he'd get hired to be a Kindergarten Teacher?


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