Ah, the modern workplace. Once dominated by gray suits and briefcases, it has now evolved into a vibrant tapestry where individuality is celebrated. Or at least, it’s trying to. In today’s diverse work environment, personal expression through piercings, tattoos, and hairstyles is more common than ever. The question is: how do we navigate these expressions of personal style without sounding like we’re stuck in 1950?
To help, here are some guidelines for respecting the ink and bling, fostering an inclusive workplace that honors individuality, and ensuring compliance with employment laws.
The Legal Landscape
Employment laws, like Title VII of the Civil Rights Act of 1964, protect employees from discrimination based on race, color, religion, sex, and national origin. These protections extend to policies regarding personal appearance that could disproportionately affect specific groups. For example, restrictions on hairstyles traditionally worn by certain ethnicities, such as braids, locks, and twists, can be considered discriminatory. Moreover, in response to such concerns, several cities, municipalities, and states have implemented the CROWN Act (Creating a Respectful and Open World for Natural Hair) to directly combat hair-based discrimination. An example of this is the City of Charlotte, which amended its Human Relations Ordinance in 2021 to include natural hairstyles as a protected category against discrimination.
Title VII also requires employers with 15 or more employees to “reasonably accommodate employees’ sincerely held religious practices unless doing so would impose an undue hardship on the employer.“ Body piercings, particularly on the nose and ears, and tattoos are significant to the practices of several religions. Therefore, it is important to allow reasonable accommodations for employees whose faith requires specific attire or grooming practices.
Balancing Professionalism and Expression
While maintaining a professional appearance is important, overly strict dress codes can be seen as outdated and exclusionary. Instead, consider implementing flexible guidelines that balance professionalism with personal expression. Here are some tips:
-
Understand the Changing Norms: Tattoos have transcended their old stereotypes and are now sported by everyone from baristas to lawyers. Piercings, including nose rings, eyebrow studs, and even the occasional septum piercing, are part of today’s fashion lexicon. Understanding that body art is a personal choice that doesn’t impact an individual’s skills or professionalism is crucial to hiring talent in today’s market.
-
Clear and Inclusive Policies: As more professionals with body art enter the workforce, employers need to develop clear policies that respect individuality while maintaining a professional environment. Clearly outline what is and isn’t acceptable and provide examples if necessary. This clarity helps prevent misunderstandings and ensures that everyone is on the same page.
-
Focus on Safety and Industry Standards: Instead of blanket bans, consider guidelines that allow for self-expression but set boundaries on what is considered appropriate. For example, policies can specify that tattoos bigger than a quarter must be covered when meeting with customers or those with language/images in violation of your EEOC policy must always be covered. Ensure that any restrictions on piercings, tattoos, or hairstyles are based on legitimate safety and performance concerns.
-
Watch Out for Legal Pitfalls: Be mindful of impacting compliance laws when drafting or revising your workplace appearance policies. Utilize the resources available through Catapult to help ensure compliance with local, state, and federal laws. Members can access policy templates and our handbook guide within the Member Hub, have a policy reviewed by the HR Advice Team or seek legal advice on your policy’s compliance through Catapult’s Employment Law Advice Services Plan.
Promoting a Positive Culture
Encourage a workplace culture that values diversity and inclusion. This not only enhances employee morale and productivity but also attracts a wider talent pool. Consider these steps:
-
Training and Awareness: Conduct regular training sessions on diversity and inclusion, focusing on the importance of respecting personal appearance choices.
-
Open Communication: Foster an environment where employees feel comfortable discussing their appearance and any concerns related to it. Open communication can help prevent misunderstandings and conflicts.
-
Lead by Example: Ensure that management and leadership model inclusive behavior. When leaders embrace diversity, it sets a positive tone for the entire organization.
Final Thoughts
It is essential for employers to remain informed and compliant by staying updated on shifts in employment laws and societal norms. It’s equally important to regularly review and revise policies to align with the evolving landscape of workplace diversity and inclusion.
Ultimately, managing tattoos, piercings, and hairstyles in the workplace is about striking a balance— embracing individuality while upholding professionalism and adhering to legal obligations. By implementing inclusive appearance policies and cultivating a culture of respect, employers can cultivate a welcoming environment for all employees. This approach not only ensures adherence to employment laws but also nurtures a dynamic and engaged workforce.
