Tattoos do not carry the same stigma they did decades ago. Today, with approximately 32% of Americans having at least one tattoo, it isn’t practical for most employers to ban them outright. And yet, failing to create a company policy for tattoos can leave a business vulnerable to inconsistent enforcement, employee complaints about offensive tattoos, and even legal claims of discrimination.
The challenge for HR is creating a workplace policy for tattoos that respects individuality, doesn’t violate employer law, and upholds the company’s brand and culture. The policy must clearly communicate the importance of appropriate presentation while respecting employees’ personal expression to ensure that employee tattoos don’t become a source of bias or discrimination. Read on for tips on creating your own effective workplace policy for tattoos:
How to Create a Professional Appearance and Dress Code Policy for Tattoos in the Workplace
In the U.S., there are no specific federal or employment laws that prohibit tattoos or protect employees from tattoo discrimination in the workplace, although individual states may have their own rules. That means that each workplace must determine its rules for tattoos with appropriate protection for both employees that do have tattoos and those who may be offended by tattoos.
To develop a clear, inclusive dress code policy for tattoos consider the following points:
1. Decide whether visible workplace tattoos are acceptable.
The answer to this will depend largely on industry and branding. For example, corporate environments such as law, banking, finance, and even grocery tend to be more conservative so tattoos would likely need to be covered. Other sectors such as skilled trades and warehousing have a less formal environment where performance may be valued far more than visible tattoos. At the same time, industries like retail and hospitality often fall in between, with tattoo policies shaped largely by the individual brand or business.
- Make sure your policy outlines if, where, and when tattoos should be covered.
- If appropriate, outline specific tattoo rules for different departments and roles. For example, customer-facing roles such as cashiers or receptionists may require stricter tattoo guidelines, while those in creative or tech roles could have more flexibility. Safety-sensitive roles, such as those in healthcare or manufacturing, may require employees to cover tattoos for hygiene or safety purposes or to meet company uniform standards.
2. Define what are inappropriate and offensive tattoos in the workplace.
While tattoos are widely viewed as a legitimate form of self-expression, they can create a hostile work environment if they are offensive to others. A company policy for visible tattoos should include a list of types of tattoos that are unacceptable, including:
- Hate speech/hate symbols
- Explicit speech or images
- Controversial political statements
- Profanity or offensive language
- Gang-related tattoos
3. Be aware of legal considerations.
According to the Equal Employment Opportunity Commission (EEOC), an employer can establish a dress code and appearance policy as long as it doesn’t discriminate against a person on the basis of their race, color, religion, sex, national origin, age, disability, or genetic information.
To avoid potential discrimination claims, your tattoo policy should make allowances for tattoos that reflect religious or cultural beliefs, even if they conflict with your company’s dress code. Also, under the ADA, your tattoo policy must consider tattoos for medical conditions, such as tattoos that cover scars from surgeries.
4. Stay on top of change in employer laws around discrimination.
The thing about employer laws is that they don’t necessarily stay stagnant. It’s very important to stay on top of changes in laws and policies around discrimination for workplace appearance both at the federal and state levels to ensure that your company’s dress code policy remains legally compliant.
5. Be transparent about your policy.
Effective communication is essential when it comes to handling tattoos in the workplace. Clearly communicate your policy during orientation and in your company handbook.
Being transparent with your employees helps them understand why you have implemented your tattoo policy, which can help them get on board. HR should be willing to answer questions and give employees the opportunity to express their concerns about the policy, including situations where someone may feel uncomfortable or offended by a coworker’s tattoo. Addressing these concerns openly can help maintain a respectful and inclusive workplace while reinforcing the guidelines of the policy.
As attitudes toward tattoos continue to change, HR should create clear policies that are regularly reviewed and updated to protect the organization from potential conflicts or misunderstandings.
Seay HR Can Help Craft Legal Dress Code and Appearance Policies
Seay HR offers a suite of flexible, high-impact services that complement your existing HR support. These projects are built to address your most pressing challenges and every engagement is handled by experienced HR professionals who bring not just technical knowledge, but real-world insight to help your business thrive.
When it comes to creating company policies for dress code and appearance, Seay HR can provide support in crafting a clear, compliant policy, which can then be added to your employee handbook. Click here to learn more about how Seay HR can support your business.
Please note: This article is for informational purposes only and does not constitute legal or professional advice. Seay HR makes no representations or warranties, express or implied, regarding the accuracy, completeness, or applicability of the information contained herein.
Seay HR disclaims all liability for any actions taken or not taken based on the information in this article. Readers are solely responsible for their own interpretation and use of this information.
