In the office, working retail, making sales calls, regardless of the arena, customers exercise their right to judgment the moment they encounter a company representative. When typical customers recall a pleasant, clean, happy person, they associate the resulting feeling with the company that provoked it. It is this image-building tactic that helps define many dress and grooming codes across America.
Establishing Dress and Grooming Codes
Dress and grooming codes became more of an issue about 25 years ago when employees pushed for “casual Fridays.” Since its popularity grew so fast, employers had to somehow address it as part of policy.
Two other issues employers deal with frequently that fall under grooming codes are body piercing and tattoo art. It’s difficult because while one person may wear these unobjectionably, another may go beyond normal limits and create a terrible impression. To believe customers wouldn’t stereotype a person with tattoos or body piercing is idealistic thinking, as well as ignorant. Very often, radical body art is associated with rougher individuals that weren’t likely educated beyond high school. This is not to say it is true, only that stereotypes form as a result of seeing such body art. These are the truths employers face when operating a business.
Employers’ Right to Protect Their Image
Many cases have been brought against employers for wrongful termination based on dress and grooming code violations. But, typically there is some kind of twist in the case because, in general, employers are entitled to adopt dress and grooming codes that restrict everything from hairstyles to jewelry to body tattoos. They’re allowed to protect their image from being compromised as long as it doesn’t mean discriminating on the basis of race, age, gender, religion, national origin or disability.
A Reasonable Accommodation
Back in 2001, Costco was taken to court in a case that helped spell out the laws regarding dress codes in the workplace. Ultimately the case determined that if employers have restricted a certain type of body art, they are typically required to provide a reasonable accommodation to help conceal it. (e.g. a band-aid over an eye brow piercing, or a tattoo coverup sleeve over a tattoo).
Importance of an Employer’s Public Image
Fortunately courts recognize the importance of an employer’s public image. Now it’s time for employees to realize how important it is not to make issues out of tattoos and piercings. If the employer is trying to work with the employee to find a solution, then a middle ground isn’t too far off.
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