Employer restrictions on employee tattoos

Published: Monday, August 11, 2025 at 1:00 pm

Employer Tattoo Policies: Navigating the Ink in the Workplace

A recent inquiry regarding California's stance on employer restrictions on employee tattoos has shed light on the evolving landscape of workplace appearance standards. Generally, employers in California have the right to reject applicants based on their tattoos. This is in line with the Fair Employment & Housing Act (FEHA), which allows employers to set reasonable appearance, grooming, and dress standards.

A 2023 Pew Research poll indicates that tattoos are increasingly common, with 32% of American adults having at least one. The prevalence is higher among younger demographics, with 41% of those under 30 and 46% of those aged 30-49 sporting tattoos. While a minority of untattooed individuals express negative impressions, the majority remain neutral.

Several companies, including Disney, UPS, and Virgin Atlantic, have adapted their dress codes to accommodate visible tattoos, reflecting a shift towards more inclusive workplace environments. UPS, for example, aimed to foster a modern workplace where employees can express their individuality.

While employers have considerable discretion, they must apply their policies consistently, without regard to protected characteristics like race, age, or sex. Legal challenges can arise, particularly concerning religious tattoos. The case of *EEOC v. Red Robin Gourmet Burgers, Inc.* involved a server who claimed his religious tattoos were sacrilegious to cover. The court sided with the employee, highlighting the need for employers to demonstrate undue hardship in accommodating religious expression. Conversely, *Swartzentruber v. Gunite Corp.* allowed an employer to require the covering of a tattoo deemed offensive and in violation of the company's racial harassment policy.

Employers should be aware that any policy must be uniformly enforced, with limited exceptions. Restrictive policies may also limit the pool of potential employees.

BNN's Perspective:

The legal landscape surrounding tattoos in the workplace is complex, balancing employer rights with employee expression. While employers have the right to set appearance standards, they must be mindful of religious accommodations and the potential for discrimination. As tattoos become more mainstream, companies may need to re-evaluate their policies to attract and retain a diverse workforce.

Keywords: tattoos, employment law, California, workplace, appearance standards, discrimination, religious tattoos, FEHA, dress code, employer, employee, legal, policy, Red Robin, UPS, Virgin Atlantic

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