Tattoos in the Workplace

More and more people, of all ages, are getting tattoos. No longer discrete markings they are seen as pieces of art and can be seen on almost all parts of the body.

They aren’t for everyone, and the question is asked, “Can I refuse to employ someone with a tattoo?

The answer is generally yes. If you, as an employer, find them distasteful or off-putting, you can say no to a job applicant. As an employer you have the prerogative to choose who you employ.

However, there is an exception. If the applicant has a tattoo that is a cultural connection, or for a racial or religious belief,  or part of a religious activity they may be protected by discrimination law. The applicant must be able to show that the tattoo is of cultural significance.  If an employer refuses to employ someone whose tattoo is of cultural significance, then the applicant could bring a claim for discrimination.

If you are ever in doubt as to what you can or can’t do when employing someone, it is best to get advice early, not after the event.

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