Monday, April 26, 2010

Can you sue for discrimination if you get demoted for a facial tattoo?

Hypothetically, I do not have a known example but say Joe Blow comes to work one day w/ a new tattoo on the side of his face. He gets demoted to a position with a pay cut as a result. Company policy review reveals no insight on process other than the general professional appearance that covers dress and hygiene. Does Joe Blow have a possible lawsuit case?Can you sue for discrimination if you get demoted for a facial tattoo?
No, you can't sue and expect to win. Since lawyers who do civil law make their money based on a percentage of the settlement or award, you probably couldn't find a lawyer to take such a case.





Employers are allowed to discriminate all they want against any class, group, or individual, so long as those people as a group are not legally protected. So while it's illegal to discriminate against people who are black, women, handicapped, or gay (because those classes enjoy legal protection from discrimination based solely on those factors), it's perfectly legal to discriminate against those who have body art, piercings, brown shoes, body odor, or green eyes.Can you sue for discrimination if you get demoted for a facial tattoo?
Typcially everyone has a right to do what they want with their bodies. But you take the chance of being demoted, or not even hired. Reason is, they want someone to look professional. And a tattoo on their face is not professional looking. Could scare a lot of customers off, then the company would lose money. If that happens, the Joe Blow would be fired because of loss of revenue. Besides, company policys change daily unless your union and have a contract.
If Joe got demoted, but Harry who also has a similar tattoo did not get demoted, then Joe has a discrimination case.





Assuming that is not the case, companies can pretty much do what they want. If they want to create anew rule tomorrow and apply it retroactively, they could od that too. Fair? No. But companies are not democracies.
probably cant win that case bcuz the subject of discrimination is based on the civil rights act of 1964 which say you cannot discriminate based on age, gender, religion, race or ethnicity. it doesnt say anything about tattoos. it can be considered discrimination if its about natural attractiveness, but this is about failing to present a professional appearance.
I would consider it under the professional appearance of dress and hygiene. To me that is enough reason to demote. It doesn't look good to be hire up with a tattoo on the face. It doesn't look professional unless you are in the type of place that allows tattoos all over.
You can sue for about anything. But I don't think you would win this one. I would think that a general professional appearance would exclude a facial tattoo.
No lawsuit.


';General professional appearance'; usually means no visible tattoos or piercings. I would be surprised if he didn't get fired outright.
Well if it is not in the contract or policy you can sue especially if they never mentioned that to the person.
Not a chance.

No comments:

Post a Comment