TATTOOS AND BODY PIERCINGS: NEW TERRAIN FOR EMPLOYERS AND COURTS

Recent years have seen an increasingly large segment of society opt to adorn itself with all manner of tattoos and body piercings. Not only are tattooing and piercing no longer the sole province of bikers, sailors, and rock stars, but no part of the body is off limits, as even tongues, navels, and genitalia have been the subject of this art. Because most of these people are, or will be employed, employers must decide what stance to take regarding this phenomenon. This article discusses developments in this intriguing area of the law. So far, only a few cases have been decided. One unreported 2005 decision in a Title VII case was for the plaintiff on defendant's motion for summary judgment, but all other courts have sided with the defendant. Employers should have a clear and comprehensive dress code of which employees are aware and to which they can refer if confronted with tattoos or piercings. In any event, if the employer decides that an item is worthy of concern, it should order that the item be covered.