Monday, July 23, 2012

Piercings & Tattoos: Addressing Body Art in a Dress Code Policy

Until recently, tattoos were popular among just a few select groups and piercings were typically limited to the ears. But, times have changed. Now, tattoos and piercings, also known as body art, are being worn all over the body by all demographics.
The increased prevalence of body art can create a conflict of interest in the workplace since many employers consider visible body art to be inappropriate. A well-crafted dress code policy can be an effective means for dealing with the issue. 
The following are 9 guidelines for addressing body art in a dress code policy: 
1.    Base the policy on your business needs. When developing a dress code policy, it's important to consider company culture and the image that you want to project to clients, the public, as well as current and potential employees. As with all policies, your dress code should be based on legitimate business needs.  
2.    Evaluate possible restrictions. In general, employers have a lot of latitude in imposing restrictions on body art. After considering company culture, you will want to decide what you deem to be appropriate and inappropriate for your workplace. For instance, will you permit visible body art, or will you require employees to cover tattoos and piercings? You might also decide that you want to place different restrictions on employees who have contact with the public versus for those who don't.
3.    Consider state and federal anti-discrimination laws. Employers are required to provide a reasonable accommodation for an individual's sincerely held religious beliefs or practices, absent undue hardship. Since some religious practices involve tattoos and/or piercings, employers may be required to provide a reasonable accommodation for an employee's body art. Although employers have broad discretion in creating and enforcing dress code policies, they must be sure to provide a reasonable accommodation as appropriate and avoid policies that are significantly more burdensome on a protected class of employees.
4.    Provide examples of inappropriate body art. However stringent you decide your policy will be, it's important to provide examples of acceptable and unacceptable forms of body art. For instance, graphic, violent or otherwise offensive tattoos should never be visible. Encourage employees to ask questions if they have any doubts with regard to what is and is not appropriate.
5.    Provide guidelines for covering body art. If you wish to restrict visible tattoos and/or piercings, consider requiring that employees conceal them. Most body art can be covered with some type of clothing. For example, an employee with a tattoo that runs the length of her arm can conceal the tattoo by wearing a long-sleeve shirt while at work.
6.    Promote safety.  Identify jobs in which body art may pose a safety risk and establish safety guidelines as appropriate. For instance, employees who work with equipment should be required to remove jewelry, including piercings, prior to beginning their shift. 
7.    Explain the reasons for adopting the policy. Employees who have body art most likely see it as a form of self-expression and may initially object to any sort of restrictions. Explaining your business reasons for adopting the policy may help when implementing it. In doing so, it is important to communicate that the policy is part of your efforts to maintain a professional and safe working environment.
8.    Consider the effect on recruiting. If you do impose restrictions, ensure that your policy still gives you the flexibility to recruit and retain qualified employees. After implementing your policy, check to see if it has resulted in higher turnover, lower employee morale, or greater difficulty in recruiting talented workers.
9.    Be consistent.  Establish procedures for enforcing your dress code policy and train supervisors how to enforce it. Remind supervisors that they have a duty to enforce all policies consistently, regardless of their views on body art.
While body art has grown in popularity, employers may have legitimate business reasons for establishing restrictions on their visibility within the workplace. Unless otherwise prohibited by law, several options are available for addressing body art, including banning inappropriate body art, prohibiting employees with regular customer contact from having visible piercings and tattoos, or requiring all employees to conceal their body art.

Trish Dougherty has greater than 25 years of successful leadership experience and is Senior Vice President & Principal for The Weston Group located in Sioux Falls,SD. Dougherty has a background in executive human resource management and is also a licensed Registered Nurse. Dougherty also served as an Officer in the United States Army Nurse Corps for 10 years. Dougherty travels and speaks nationally to assist small to medium size organizations with organizational effectiveness involving their most important asset – their employees. Trish can be reached at Trish@TheWestonGroup.com or 605-275-4747. www.TheWestonGroup.com

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