Legal Question in Employment Law in California

Policy on Tattoos & Body Piercing for Employees

I need guidance on writing a legally defensible, reasonable grooming standard or policy on tattoos & body piercings for employees. I am a supervisor in a municipal Fire Department that is a paramilitary organization and strives to maintain a professional public image, but recognizes that employees may wish to have body art or piercings. How do we regulate this without illegally discriminating or impacting employee rights? Do any generally recognized standards against visible tattos or piercings exist, especially for Fire Departments? Because we deal with the public by providing emergency medical, fire suppression, and rescue services, we must maintain public trust, and visible tattoos or piercings adversely impact that for a large segment of the population we serve. Any advice would be appreciated.


Asked on 7/21/03, 2:14 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Policy on Tattoos & Body Piercing for Employees

While it is lawful for employers to impose grooming standards on its employees, the most important thing to keep in mind is that such standards must be uniform in its application and cannot be discriminatory. The more subjective the standards applied, the greater likelihood of someone claiming disparate treatment.

You really should meet with legal counsel that specializes in representing public agencies and get assistance in drafting legally defensible policies.

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Answered on 7/24/03, 9:43 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Policy on Tattoos & Body Piercing for Employees

my law firm specializes in business law and represents businesses as house counsel, in which drafting/reviewing employee handbooks, etc..is among our various legal functions. we certainly can assist you in the areas you mention in your question here. if you would our legal assistance in this matter, feel free to email us directly with how you would like to proceed and the specific details of what you need in this discrimination protection matter.

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Answered on 7/24/03, 9:56 pm


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