InstituteEmployee RelationsEmployee RelationsIn Depth (Level 3)Dress codesEnglishAnalysisFocus AreaUSA
Can an employer prohibit employees from having tattoos?
['Employee Relations']

- Employment laws don’t specifically bar employers from discriminating against tattooed individuals.
- Because so much of the workforce is tattooed, employers might opt not to adopt a policy that prohibits tattoos.
Because employment laws don’t specifically protect employees or applicants from discrimination based on tattoos, employers are generally able to discriminate. However, a considerable portion of the U.S. population has tattoos, so companies may want to consider the following questions before adopting a policy that prohibits employees from having visible tattoos or ruling out an applicant with ink:
- Is the tattoo offensive?
- Offending customers has always been a common employer concern, but since tattoos have become increasingly common over the years, this is less likely. However, if a tattoo is racist, sexist, or vulgar, an employer’s concern may be valid.
- Can it be covered?
- Rather than refusing to employ tattooed individuals, employers might require that tattoos be covered during work time.
- Is it religiously based?
- Employers may need to make an exception to a policy of refusing to employ tattooed individuals if a tattoo is religiously based. Likewise, exceptions may need to be made to a requirement that employees cover visible tattoos if doing so would violate the individual’s religious beliefs.
- The religion would have to either require or encourage the tattoo, and also forbid that it be covered.
- Employers may need to make an exception to a policy of refusing to employ tattooed individuals if a tattoo is religiously based. Likewise, exceptions may need to be made to a requirement that employees cover visible tattoos if doing so would violate the individual’s religious beliefs.