Do You Always Have to Change Your Appearance For Work?
Appearances matter less and less in the workplace in today’s climate as work from home rises and the need for dress codes diminishes. Nowadays, most employees can dress in business casual or even casual wear, as fewer require uniforms or formal wear. With a lax dress code, this allows employees to dress how they want and express themselves accordingly.
That being said, there are still a lot of businesses that do require uniforms or have dress codes. In these businesses, can you be fired or barred from hiring based on your appearance? In most cases, you can be, but there are some exceptions, thanks to anti-discrimination laws. Religious tattoos and clothing styles are two prime examples.
If you’re unsure when your employer has a say in your appearance, the workplace discrimination attorneys at Barrett & Farahany can help.
What Types of Tattoos, Clothing Styles, and Grooming Styles Are Protected?
When it comes to tattoos, clothing styles, and grooming styles, people have limited protections in the workplace. However, some tattoos, clothing styles, and grooming styles are protected by Title VII of the Civil Rights Act of 1964. This act protects people from discrimination based on protected characteristics such as:
- Race
- Color
- Religion
- Sex
- National origin
- Sexual Orientation
What Types of Tattoos Are Protected?
Title VII doesn’t protect the vast majority of tattoos from discrimination. Tattoos are not something people acquire due to their race, color, sex, national orientation, or sexual orientation. This means that there is only one type of protected tattoo: religious tattoos.
While there are many religions are known to prohibit tattoos, there are several that use tattoos to symbolize their devotion. Some examples include:
- Coptic Christianity: In Egypt, Coptic Christians often tattoo a small cross on their wrist as a sign of faith and identity. This tradition dates back to periods of persecution, so it’s not uncommon for Christians of Egyptian descent to have religious tattoos in visible areas on their body.
- Yantra Tattoos: Hindus, or practices of Hinduism, may have Yantra tattoos. These often contain geometric designs, mantras, or symbols of deities. They are believed to offer protection or spiritual benefits. To discriminate against someone for having Yantra tattoos in the workplace would be discrimination.
- Sak Yant Tattoos: Sak Yant are traditional tattoos applied by Buddhist monks or practitioners. They often feature sacred geometrical designs, animals, and Pali or Khmer script, believed to provide protection, strength, and good fortune. These tattoos would receive religious protections under Title VII.
- Indigenous Religious Tattoos: Many different indigenous tribes have tattoos related to their religious beliefs, such as the Dakota of the Oceti Sakowin for example.
This is not the limit of religious tattoos that are protected by Title VII. An important distinction to note is that these are religious customs, rather than personal choices. It’s common for people to have religious symbols tattooed on them but without any religious or cultural significance.
What Types of Clothing Styles Are Protected?
Title VII and other legal protections cover more clothing styles than they do tattoos. Many clothing styles have cultural significance based on someone’s race, color, religion, and national origin. Clothing styles, such as formal Indian saris, African dashikis, or many different forms of head coverings, are examples of protected clothing styles.
An employer can require that employees wear the formal versions of their protected clothing styles though. If an employer has a formal dress code, casual versions of their cultural or religious clothing styles can be restricted without it being discrimination.
If your employer only allows only one style of formal wear, but not those appropriate for your culture, that is a form of discrimination.
What Types of Grooming Styles Are Protected?
Title VII and other laws offer legal protections to grooming styles as well, but it wasn’t until recently that this protection was extended to grooming styles based on race. Originally, grooming styles, such as hair and facial hair styling, were protected when they were affected by one’s religion.
Grooming styles meant to preserve one’s hair texture, such as braids, locs, and twists, could be discriminated against. Because people with textured hair could straighten or cut their hair without it being a religious issue, they were expected to.
This didn’t take into account the added financial cost, additional physical work, and physical damage those with textured hair would have to endure to meet the dress code requirements that other employees did not. This has been realized to be a discriminatory practice, and across the United States has been outlawed under the Crown Act.
Only 26 states offer protection for grooming styles based on race at the time of writing.
What Should You Do If You’re Fired or Refused Work Because of Your Protected Appearance?
The law protects employees from having to give up their physical appearance to keep or gain employment. If you’re unsure if aspects of your appearance, such as your tattoos, clothing styles, or grooming styles, are protected, the workplace discrimination attorneys at Barrett & Farahany can help. We have extensive experience with defending employees can determine if you suffered from discrimination in your workplace.
For more information and to schedule a consultation, contact us today.
