Did you know around 32% of Americans have at least one tattoo? With tattoos becoming increasingly popular and common, it may be time for you to consider implementing a tattoo policy in the workplace, especially if you want to minimize potential issues from arising.
Indeed, from complaints about offensive tattoos to actual or suspected discrimination against those with tattoos, there are plenty of issues that could arise as a result of them.
In this guide, we’ll explore the acceptability of workplace tattoos, as well as discuss the pros and cons of implementing a tattoo policy and give you our top tips for handling tattoos in the workplace.
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Are workplace tattoos acceptable?
The acceptability of tattoos in the workplace usually depends on the workplace in question.
For example, in corporate environments such as banking, finance, government and law, a more conservative, formal appearance is typically preferred. Therefore, tattoos will likely need to be covered.
On the other hand, creative sectors such as design, fashion, media and tech are usually more accepting, since individuality is prioritized over appearance. Meanwhile, other sectors, such as retail and hospitality, may sit somewhere in the middle, although this largely depends on the specific brand or business in question.
In the US, there are no specific federal or employment laws prohibiting tattoos in the workplace. Neither are there any laws that protect employees from tattoo discrimination, although individual states may have their own rules. As such, it’s up to individual workplaces to determine the rules in place for tattoos, and to ensure appropriate protection for employees that do have tattoos.
Should you implement a tattoo policy?
If you want to ensure consistency, professionalism and legal compliance, then it may be worth implementing a tattoo policy, although this does depend on your industry, brand image and company culture.
Here are some advantages and disadvantages to keep in mind:
The pros of implementing a tattoo policy
- Consistency in workplace rules: Sets clear expectations for all employees, thus reducing misunderstandings.
- Protects brand identity: Ensures that your employees’ appearances align with your branding and values.
- Maintains professionalism: Helps uphold a specific corporate image, especially in client-facing roles.
- Legal protection: Can protect your company from claims of unfair treatment or bias.
- Reduces potential offense: Helps prevent tattoos with offensive messages from creating workplace conflicts.
The cons of implementing a tattoo policy
- Risk of discrimination claims: Policies that outrightly prohibit tattoos could be seen as unfair or even discriminatory.
- Potential impact on recruitment: May deter talented candidates from applying for roles at your firm, especially if the rules are strict.
- Difficult to enforce equally: Some policies may be hard to apply consistently across different roles or departments.
- Employee morale issues: Overly restrictive policies can create dissatisfaction and reduce workplace inclusivity.
- Changing social norms: Tattoos are widely accepted in modern society; therefore, strict rules may feel outdated.
Offensive and inappropriate tattoos in the workplace
Yes, tattoos are considered a form of self-expression and are more accepted than ever, but some designs can cause problems in a professional setting. Even if they don’t intend to cause offense, they could still be perceived as inappropriate.
In this light, your policy needs to define exactly what constitutes offensive or inappropriate tattoos.
Examples of inappropriate or offensive tattoos could include:
- Hate symbols: Tattoos featuring racist, sexist or extremist symbols or messages.
- Explicit content: Images or words depicting nudity, violence or sexual themes.
- Profanity or offensive language: Words or phrases that could be seen as aggressive, derogatory or vulgar.
- Gang-related tattoos: Symbols linked to criminal organizations, which may be unsettling for colleagues and customers.
- Controversial political statements: Tattoos with extreme political views that could create division or discomfort.
Designs reflecting any of the above can cause workplace hostility among colleagues or customers, especially in customer-facing roles or corporate environments. For this reason, HR managers must fairly and consistently apply policies on inappropriate tattoos. For example, your policy could state that employees must cover offensive or highly visible tattoos while at work.
Although it’s important to balance business interests with individual rights, it’s also important to ensure there are no violations on inclusivity, professionalism and respect.
WORD OF CAUTION
When developing a tattoo policy for the workplace, you need to be extremely careful that the company itself doesn’t cause any offense. For example, banning swastikas (a notorious symbol of hate and antisemitism weaponized in Nazi Germany) might offend Hindu employees who consider it a religious holy symbol.
Tattoo discrimination and laws
Though many tattoos reflect an individual’s personality or interests, others (such as those mentioned above) can be problematic in professional settings. However, there are no federal laws specifically preventing employees from having tattoos, while certain laws can influence how you enforce tattoo policies in the workplace:
Title VII of the Civil Rights Act
The Civil Rights Act of 1964 prohibits employment discrimination based on color, race, religion, gender and national origin. Therefore, if an employee's tattoo is linked to religious beliefs (ie: it’s a religious symbol or a tribal/cultural tattoo with spiritual meaning), employers should accommodate this, unless doing so creates significant difficulty or expense for the business.
Americans with Disabilities Act (ADA)
Implemented in 1990, this is a federal civil rights law that prohibits discrimination against those with disabilities. In terms of tattoos, you may have an employee with a tattoo related to a medical condition (such as a tattoo that covers scars from a medical procedure). If this is the case, you need to make sure employees aren’t in any way discriminated against because of their tattoos due to disability.
HR tips for handling tattoos
Tattoos are so much more commonplace in society than they used to be. As such, HR managers must handle tattoos in the workplace in an appropriate, effective manner.
To navigate any complexities that may arise, you need to strike a careful balance between professionalism and inclusivity. Here are our top tips:
1. Develop a clear, inclusive dress code policy
While certain sectors (such as the military, aviation, healthcare and law enforcement) are strict when it comes to visible tattoos, others can afford to be more lenient.
Your dress code policy should clearly outline your expectations when it comes to tattoos. For example, if you have specific safety-sensitive areas or client-facing roles, make sure your policy outlines if, where and when tattoos should be covered. If you run creative departments or offer casual workdays, clearly state under what circumstances visible tattoos might be acceptable.
Although your guidelines may offer room for flexibility, be sure to highlight the importance of appropriate presentation and professionalism. This allows your employees to express themselves while maintaining your company’s brand image.
Also, acknowledge the rights of employees from different cultural or religious backgrounds. Your policy must explicitly permit tattoos that have religious significance. This will ensure you avoid potential discrimination issues.
Finally, clearly communicate your policy through company handbooks, orientations and regular reminders.
2. Be aware of legal considerations
Tattoo policies need to be mindful of legal requirements. To avoid potential discrimination claims, make sure that your policy considers tattoos that reflect religious or cultural beliefs, even if they conflict with your company’s dress code.
Likewise, under ADA, your policy also needs to consider tattoos that cover medical conditions, such as scars from a previous surgery. Be sure to consult legal counsel when creating or updating dress code policies so that you’re fully compliant with both federal and state regulations.
What’s more, stay afloat of changes in laws and policies around discrimination or workplace appearance in your specific location. This helps keep your practices up to date and, importantly, legally compliant.
3. Consider different roles and departments
If you don’t need the same level of formality or professional appearance in all your departments, consider tailoring your tattoo policy to specific departments or roles.
For example, customer-facing roles such as receptionists, sales representatives or servers may require stricter tattoo guidelines, while those in creative fields such as graphic design or marketing may have more flexibility.
Likewise, roles that are safety-sensitive such as those in healthcare or manufacturing may require employees to cover tattoos for hygiene or safety purposes, or for company uniform standards.
Implementing role-specific guidelines is a fair way to ensure your policy is not only relevant to the work employees carry out but also practical. A targeted approach shows your employees that you respect their right to personal expression while maintaining professionalism and meeting your specific business needs.
4. Focus on communication and transparency
Effective communication is essential when it comes to handling tattoos in the workplace.
Why do you have your tattoo policy in place, and how does it relate to your company’s values and client expectations?
By being transparent with your employees, this helps them understand the broader context behind your policy, and they are, therefore, more likely to follow it. As an HR professional, you should be ready and willing to have open discussions with employees who have tattoos. Give them a safe space to express any concerns they may have, or any challenges they may face.
Is your policy easily accessible? Do your employees know how to seek exceptions or accommodations where necessary? Make this information crystal clear in your policy. By making your employees feel heard and understood, they’re much more likely to feel valued and respected in the workplace.
5. Promote a culture of inclusivity and diversity
Tattoos aren’t simply a reflection of who a person is — they also represent a diverse, inclusive workplace. And as an HR manager, you should cultivate a working environment where employees feel comfortable being themselves. Instead of focusing on tattoos, focus on fostering a culture of respect, inclusivity and diversity in its many forms.
While you want to maintain a professional atmosphere, you also want to focus on the importance of personal expression. Therefore, your policy should ensure that employee tattoos don’t become a source of bias or discrimination.
Raise awareness among your staff about the importance of culturally or personally significant tattoos. Because, ultimately, you want to promote a respectful workplace that makes everyone feel comfortable, confident and accepted — which will, in turn, lead to greater employee satisfaction and engagement levels.
Final thoughts
The world of work as we know it is changing day by day, as are too workplace norms. As societal perceptions of tattoos continue to evolve, HR professionals should develop transparent policies that are periodically reviewed and updated to maintain professionalism while reflecting current trends and employee expectations.
Staying fair, flexible and responsive allows you to maintain a positive work environment where employees feel valued, regardless of their appearance.
What is your company’s policy on tattoos? Got any tips or experiences you’d like to share with fellow human resources pros? Let us know in the comments section below.
This article is a complete update of an earlier version originally published in 2018.