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LAHnTAH0812
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."

(source: topics.hrhero.com/discrimination-in-the-workplace/#)











*****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 :)

Replies

  • Woodbabe
    January 25, 2013 at 10:07 AM

    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.


  • meriana
    by meriana
    January 25, 2013 at 10:17 AM

    I see no reason for body art to be "protected". As Woodbabe said, it's something people choose to do. Like any other choice one makes in life, it has its consequences, one being that you may not be hired for that job.

  • LAHnTAH0812
    January 25, 2013 at 10:19 AM
    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.



  • Sisteract
    January 25, 2013 at 10:26 AM

    My employer recently placed a "no visible body art" into practice (along with no nail polish, longer nails, artificial products and routine nail checks). There are some issues though as some employees in good standing have visible tats on areas that can not safely (think infection control) covered. The details are still being worked out.

    As a polish wearer, I was bummed- Recently when I applied for a new position in another facility, part of the paperwork includes a section on fingernails. Evidently, they'll be doing a nail check at my pre-employee physical. LOL!

    No mention of the body art though.

  • radioheid
    January 25, 2013 at 10:29 AM

     I do not agree with it. However, I also don't agree with telling private business owners who they may or may not hire in general. Let The People weed out the shitty, discriminatory business owners and push them under, not Big Gov.

    You can't cry "Power To The People" while giving your power to the government. The power to change our society and the world is ours.

     

  • mustloveanimals
    January 25, 2013 at 10:34 AM

    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.

  • yourspecialkid
    January 25, 2013 at 10:37 AM

     Sorry, but body art is a choice.  Should we allow all choices to be a protected class?  Of course not.

    A lot of people are put off by body art...these people are customers..without them a business cannot stay in business.  I had a delivery driver at my cleaners..he was great, but he had tattoos..they didn't care for that at the doctors and attorneys offices.  I had to ask him to wear a long sleeve shirt while making deliveries.  That was fine until he got one on his face.  I had to let him go or lose customers.

     

  • lga1965
    by lga1965
    January 25, 2013 at 10:42 AM

     

    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.


     Yup. And it can be in the same category as how you choose to dress in relation to the type of job you are seeking. For instance, when applying for a job in accounting as a professional or as a customer service representative at a large, professional company who meets with the public ever day, it would not be a good thing to go to an interview wearing jeans and a tee shirt or looking like you are out clubbing wearing a short skirt and low cut top with lots of cleavage,,right?

    SO, if you are applying for those types of jobs and you have your neck and forearms tattooed, you might not be hired. A tattoo that can be covered during the business day would pass with them, I guess. Its just reality.I don't see any of these situations I described as "discrimination".

  • lizzielouaf
    January 25, 2013 at 10:43 AM

    I'm an attorney and I have four tattoos but I also had the sense to get them in areas I could easily cover. It's unrealistic to think how you present yourself in a workplace setting doesn't matter. 

  • LAHnTAH0812
    January 25, 2013 at 10:45 AM
    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.


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