Preview

The Tattoos and Body Piercings

Better Essays
Open Document
Open Document
1400 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Tattoos and Body Piercings
Eichenlaub, Richard
HRMN 362

The article I have chosen is Tattoos and Body Piercings: New Terrain for Employers and Courts by Jon D. Bible. It can be found in the fall 2010 Labor Law Journal Volume 61 issue 3 pages 109-122. The author is a professor of business at the College of Business Administration at Texas State University. Based on his background, I expect the author’s presentation to be fair and unbiased. The introduction starts by discussing the possible negative effect of employees’ tattoos and piercings could have on business and the stances an employer may take on the issue. The article will focus on employer actions in taking a limiting stance on tattoos and piercing, employee defenses for defying employer on this subject, and the developments in litigation on the subject. The next section discussed decisions against the plaintiffs starting with four cases based on constitutional claims. The first case discussed is Riggs vs. City of Fort Worth, decided by a federal district court in 2002. In this case Riggs a police officer assigned to a bicycle unit was order by the Chief of Police wear long-sleeved shirts and long pants to cover his tattoos. Riggs ' tattoos included a Celtic tribal band, a Celtic design with his wife 's name, a mermaid, his family crest, the cartoon character Jessica Rabbit, and a 2 ' X 2 ' full-color depiction of St. Michael spearing Satan. Riggs was of Celtic descent and claimed he was being singled out because of his race, national origin, sex, and statements of expression, and denied his equal protection rights because the 15 other tattooed officers in the department were not subject to the same clothing requirement. He also claimed the order was in retaliation for towing the mayor 's car, which occurred 27 days before the order. The court decided against the plaintiff on both counts. The discrimination claim was denied because some of the other officers not required the same dress code were white and male. He



References: Jon D., B. (2010). Tattoos and Body Piercings: New Terrain for Employers and Courts. Labor Law Journal, 61(3), 109-122. Retrieved from http://hr.cch.com/products/ProductID-632.asp

You May Also Find These Documents Helpful

  • Good Essays

    Each day tattoo artist are tattooing more and more people. Tattoos have become a normal sight to see on anyone. In today’s society, many citizens think badly of people with ink. It is becoming harder to obtain jobs because the business industry tends to judge tattoos as unprofessional. Honestly, it is not any different than someone expressing themselves with a hairstyle, or clothing choice. Some of the best employees could be looked over due to the ink on their skin. A person’s skin does not define their working abilities, nor does it define their education. Many people categorize tattooed people as delinquents; However, having a tattoo does not define a person’s work ability.…

    • 737 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Unit 9 Memorandum

    • 763 Words
    • 3 Pages

    No. Ms. Attired’s refusal to remove her tattoo, does not constitute misconduct, as there was no company rule or policy in place forbidding tattoos. Also, Ms. Baker has not shown that the appearance of the tattoo negatively affected her business.…

    • 763 Words
    • 3 Pages
    Powerful Essays
  • Good Essays

    This 2009 Supreme Court decision was a result of alleged racial discrimination with regard to internal promotions of nineteen New Haven, Connecticut firefighters. New Haven city officials invalidated test results when no Blacks scored high enough to meet the minimum score necessary to be eligible for promotion. Therefore, the White and Hispanic candidates that did pass with the necessary scores felt they had been discriminated against based on their race. The city decided not to certify the test results because of the disproportionate number of white candidates in comparison to minorities, and…

    • 442 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Law and Biddy S Tea

    • 340 Words
    • 2 Pages

    According to the definition Miss Attired’s actions did not constitute as misconduct. She did not disregard her employer in anyway It’s very expensive to get a tattoo removed.…

    • 340 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The Constitutional questions presented in the case included; Does 42 U.S.C. Sec. 2000e-2 [Section 703] permit employers to refuse to act on the results of such tests for reasons of race? Does an employer violate 42 U.S.C. Sec. 2000-2 when it rejects the results of such tests because of the race of the successful candidates? Did the City have a lawful justification for its race-based action? Does 42 U.S.C. Sec. 2000e permit federal courts to relieve municipalities from having to comply with local laws that require strict compliance with race-blind merit selection procedures? Were city officials who tried to diversify a civil service department guilty of racial discrimination under the Equal Protection Clause or Title VII when they decide not to utilize written test results which favor one racial class over another, and whether an employer violates 42 U.S.C. § 2000E-2(1), which makes it illegal to adjust test scores or cut-off scores based on race, when he decides not to utilize test results because the successful candidates are all of one…

    • 1069 Words
    • 5 Pages
    Good Essays
  • Good Essays

    So what are the origins of tattoos and body piercing? In some cultures, they are a badge of honor or a representation of their beliefs. For others in the past it was a mark of possession. During WWII, the Germans tattooed each concentration camp prisoner. However, as the world changes, tattoos and body piercing are being more and more accepted in the workplace. Something like a quarter of all Americans currently have tattoos. That number goes up among younger generations. Among my peers at work under the age of 30, 75% have tattoos. This does not even take into account how many have piercings. However, only a small percentage of the hiring workforce has tattoos and/or piercings as well. This directly implies that hiring managers find tattoos to be offensive and will associate tattoos with nefarious groups like gangs and bikers, or others that are perceived to be outside the social norm. In my experience, it is best to NOT judge a book by its cover.…

    • 808 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    The Equal Employment Opportunity Commission (EEOC) brought suit against Red Robin Gourmet Burgers in August of 2005. The EEOC stated Red Robin had refused to offer their employee, Edward Rangel, a server at the restaurant, with any accommodations to freely express his Egyptian faith by exposing tattoos of ‘Ra’ the Egyptian sun god (Garnett, 2010). However, studies from Hazen and Syrdahl (2010) indicate that “all tattoos are not created equal in the eyes of the courts” (p. 2). Secular tattoos may be accommodated under Title VII; however, if an employee’s tattoo is considered offensive or construes sexual harassment or racist symbols, then the employer has every right to require the worker to conceal his or her tattoos. An illustration of “all tattoos are not created equal in the eyes of the courts”, could be found in the case of Swartzentruber v. Gunite Corporation. Gunite is a manufacturing company that produces truck wheels, brake drums, and rotors. Mr. Swartzentruber is an employee at Gunite Corp. and publicly displays a tattoo of a hooded figure standing in front of a burning cross on his forearm. By exposing this particular tattoo at his place of employment, Mr. Swartzentruber had offended all of his black co-workers. All of the black employees at Gunite Corp stated they felt harassed and find the image of a burning cross on Swartzentruber’s arm very offensive. Swartzentruber’s supervisors…

    • 1239 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    People who have the education and the drive to work in a certain industry shouldn’t be kept from pursuing their career because of ink. Tattoos aren’t all rebellious, those that are, are on rebellious people who you wouldn’t want working for you anyway. Body art doesn’t affect someone's ability to work: physically or mentally. Even though some customers may become offended at the bird on your wrist, there are plenty more that won’t care. Businesses will have more problems finding good workers if they continue to discriminate, tattoos are not all bad, and even though they may be for self-expression, tattoos do not define who someone is as an…

    • 874 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Tattoos in the Workplace

    • 908 Words
    • 4 Pages

    Tattoos are not respected by most people in certain demographics. Displaying tattoos is considered taboo to them. There are also people within these groups who see tattoos as unholy and unrespectable. They claim that the body is a temple and no ink should taint the skin in such manner. People of these groups also believe that tattoos are trashy and of bad taste. If tattoos are in a visible place on someone’s body, such as the hands or neck, that person can and will get discriminated against because of their tattoos. Some people may question whether or not this is fair. Unfortunately, people can be very judgmental. Everyone has opinions as to what is acceptable and what is not. Tattoos happen to be a topic that can cause people to be extremely aggressive towards one another. In a business setting, tattoos portray a negative image and whoever has these tattoos will be viewed at first glance as someone who is unprofessional and uneducated. Some tattoos can be displayed in an offensive manner. If someone is displaying a tattoo that has derogatory language or some kind of…

    • 908 Words
    • 4 Pages
    Good Essays
  • Good Essays

    According to Claim of Apodaca, 108 N.M. 175, 769 P. 2d 88 (N.M. 1989) an employee cannot be terminated because of a…

    • 874 Words
    • 4 Pages
    Good Essays
  • Good Essays

    I. Thesis: Having a tattoo in the workplace doesn’t hinder you from doing your job; just some employers are looking for a reason not to hire a person.…

    • 962 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Legal Memorandum

    • 1085 Words
    • 4 Pages

    After three years on the job, Attired mentioned her interest in getting a tattoo to a fellow waitress. The waitress warned Attired that if she was going to get a tattoo to make sure that it was somewhere where it would not be visible. This particular waitress had been working at Biddy’s for ten years and knew that if Attired got a tattoo the owner, Biddy Baker, would be upset. In June of 2010, Attired, ignoring the warning given to her by her co-worker, got a full sleeve tattoo that went from her shoulder to her elbow. After showing up to work, Biddy was visibly upset. Some patrons requested to be moved from Attired’s seating section because they commented that they did not want to look at “that” while they were eating. At this point the Plaintiff was told to have tattoo removed, which she refused, and was terminated at the end of the week.…

    • 1085 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    The recommendations for the policy on tattooing and piercings in the workplace are as following:…

    • 581 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    Body Piercing

    • 1530 Words
    • 7 Pages

    Van Buskirk, Laurel A (2005) New Developments on Tattoos and Body Piercing in the Workplace.…

    • 1530 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Essay On Body Modification

    • 1430 Words
    • 6 Pages

    These companies complain about these reasons even though tattoos have been increasing in popularity. Just in the United States, and most of Europe, tattoos and piercings are increasingly becoming disconnected from unprofessional. Professionalism isn't based on how you look, but rather how you treat others. Discrimination against tattoos and piercings in the workplace is actually more likely to lose customers than hiring staff with tattoos and piercings. Over 40% of adults have tattoos and over 60% have piercings. Discriminating against almost half the adult population is much more risky than alienating the few clients that have basis toward tatoos and…

    • 1430 Words
    • 6 Pages
    Good Essays