Legal Question in Employment Law in Massachusetts

Discrimination?

I was working for a company for a little more than three months, and I was then terminated due to what they called insubordination. They hired me with visible tattoos, and were well aware that I had them. Then all of a sudden, they said that someone said that I was ''scary'' and I had to cover them up. I agreed to meet them half way and wear a hat to cover the one on the back of my head. I said that it was too hot to wear long sleeves to cover the ones on my arms, and they said they would find out and let me know the following mon. They didn't let me know until next thurs, and told me I was terminated. They said it had nothing to do with my work habits, because I was a great worker, but they had to protect their employees.


Asked on 4/11/05, 11:46 am

1 Answer from Attorneys

Evan Fray-Witzer Law Office of Evan Fray-Witzer

Re: Discrimination?

Discrimination? Well, yes, if you use the technical definition of the term since they are prejudging you based on a particular factor (your tattoos). However it is not *illegal discrimination* since an employer is allowed to make decisions for all sorts of reasons so long as they do not discriminate on the basis of a *suspect classification.* Suspect classifications include race, religion, gender, age, national origin, sexual orientation, veteran status, and genetic history but do not include things like tattoos.

Evan

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Answered on 4/11/05, 11:51 am


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