Controversy over workplace tattoos gets nasty

By June 4, 2014Management & HR
Management & HR Tattoed business man carrying laptop

There’s some controversy at the Ottawa Convention Centre this week over tattooed employees.

The CBC and HRM Online report that three workers were locked out of the venue for refusing to cover their ink. One of them, housekeeper Nyeme Williams, has been allowed back after covering her arm with a flesh-coloured sleeve, on which she has written, “My tattoo offends the O.C.C.’s image.” (She means that her tattoo offends the OCC as an organization [not the building], or doesn’t reflect their image, obviously, since an image is inanimate and cannot be offended.) She says she still plans to file grievances later. The other two, Daniel Caissie and Johnny St-Amour, are still at a standoff with their employer (at time of writing).

“We’ve always wanted them to come back to work, but they have to adhere to the employee terms of employment,” said convention centre spokesman Daniel Coates. “Hopefully we can come up with a solution.”

Caissie and St. Amour, whose jobs include moving equipment and furniture, say it’s too hot in summer to work in long sleeves. They also say the policy is “outdated and prejudiced.”

Caissie is quoted as saying, “It took a long time for me to realize the actual psychological effects it was having on me. I realized … that it was actually affecting my self-esteem because it was making me feel — even outside of work — kind of ashamed about the fact that I have tattoos.”

Coates told the CBC, “It is very specifically stated that any visible tattoos have to be covered up when on the floor. And it’s a question of image and public service. We serve the public, and we want to make sure that we project a proper image.”

He also says that the venue is kept at 22 degrees, so it is not, in fact, hot.

According to HRM, until recently, the Human Rights Commission has left dress codes and appearance standards to the discretion of the employer. Recent court decisions in Ontario and Quebec, however, have challenged the right of employers to require tattoos be hidden.

In 2012 the Ottawa Hospital’s dress code requiring staff to cover large tattoos and remove piercings that were not “minimal and conservative” was deemed too restrictive. And in 2009 a judge called a daycare’s policy requiring employees to cover small tattoos, such as of a flower or butterfly, “ridiculous and outrageous.”

I’m of two minds here. While I do think tattoos are a silly thing over which to get into a lather, given how common they are common – I have a few – I also think it should be the right of the employer to set the standard they want to set. If my employers asked me to cover my tattoos – they don’t, even one on my arm that is fairly large – I would cover them. Not everything is a human rights issue. Not everyone is a victim. If being asked to cover your tattoos at work has a measurably negative effect on your self-esteem, I suspect there’s more going on there. But perhaps I am judging too harshly and missing the bigger picture. So, I asked my friend Jenn Hobbs, who is about 80 per cent covered in tattoos, and who works as the director of sponsorship marketing for the Hot Docs Festival, what she thinks of employers requiring staff to hide them.

She said, “I usually cover my tattoos at work because I deal with the corporate sector and I don’t think it would work for me to be showing them off in that setting. Some people do, but I don’t think it’s appropriate. That said, I’ve never actually encountered a policy where covering tattoos was required, and I do think that is discrimination. So, I self impose a tattoo ban, but I don’t think my employer should.”

Well, maybe they wouldn’t have to if everyone was so conscientious.

Some facts on these policies, via HRM Online:

• Canada’s Human Rights don’t protect the right to have and show tattoos, unless they are for religious or cultural reasons.

• The company’s policy must be consistent for all genders and races, but can specify differences between roles. Client-facing staff might have to cover up while warehouse staff do not.

• Asking someone to cover potentially offensive tattoos is acceptable, but a broad-reaching policy might not stand up in court.

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Join the discussion 19 Comments

  • David Gay says:

    What was on the tattoos in question? I’ve seen some rather tastefully done works of art on one friend, and during a sit-down at a Tim Horton’s, saw a simplistic tattoo the employed the use of the F-sharp in a sentence.

    I suppose it all depends…

  • Jo Ann says:

    I am sorry but I agree with the employer. Employers rights seem to count for nothing these days. Employers if they state up front that they have a dress code and tattoos are allowed only if they can be covered up should be able to enforce the dress code. The employee has a choice whether to work there or not, no one is forcing them to work with an employer that does not share their opinion (a tattoo is a self opinion).

    • nick says:

      “Employers rights seem to count for nothing these days” – LOL – Employers have everything their own way these days, if they had any more power over their employees they would own them.

    • White stuff in & on my nose says:

      You are completely correct. The irony? Tattoo person goes around with this air of individuality and yet they can not accept the individuality of the employer. After all, it works both ways.

  • Lynda Foster says:

    I have several tattoos, some visible. As do other people in our company – both men and women. I work in a professional office setting. but rarely have actual visual contact with clients/vendors. I respect my boss and if he asked me to cover them, I would. My tattoos are for me to enjoy, but they do not trump my career and livelihood. We currently do not have an actual policy on the subject, but things change over time. I think it would be nearly impossible for employers to implement a policy that could cover every foreseeable personal style choice. If the company has an established no visible tattoos policy in place when you are hired, either respect it or find another job. Obviously they have put some business thought into this. If they don’t but you have tattoos, ask them how they feel about it. Just be open and honest with each other. Mutual respect goes a long way.

  • Lance LeFort says:

    As long as the images or writing isn’t profane or offensive employees should be allowed to show their ink. You might actually have some tattoo’d clients or members of the public that are happy to be addressed by an employee WITH tattoos. Why are we assuming the public is afraid or uncomfortable with tattoos. This sounds like outdated thinking. Tattoos are much more popular with the current generation and some people find them VERY interesting and appealing. They can also be an ice-breaker, just like dogs and kids. “where did you get that one done?” Some tattoos are awesome works or art and should be enjoyed.

    • White stuff in & on my nose says:

      Sorry, tattoos are appearance and people are hired on appearance all the time. It is completely different than gender, sexual orientation, race, or religious discrimination. You want your individual rights, well I have mine as well. Tattoos cost me money. People who have tattoos are filthy looking, which drives away customers. Also, they take more sick days and breaks because they tend to be smokers… SHOCKER: Smokers are not as healthy as non-smokers. The bottomline is that you have to be responsible for the decisions you make in your life. Many municipalities and now even the military has tattoo restrictions in place.

  • Mark Spicer says:

    I have a large number of tattoos, including a full sleeve on my left arm. I receive compliments on it from a large number of people, including one today, from a lady who was easily in her 80’s. She said it is “absolutely beautiful”. Tattoos do not make somebody a criminal, or unsavory. They are a form of personal expression, and a genuine art form. Every one of my tattoos is professionally done, and at least 7 are visible when I wear a short-sleeved shirt. I would cover what is possible to cover if required, but it should not be required. The times, they are a changin’… employers need to get in step with the modern age…

  • nick says:

    Tattoos in the workplace, in full view, whatever next – women in trousers, it’s the end of the world as we know it.

  • dave jenson says:

    I saw a cop at Mississauga city hall walking around in short sleeves with several tattoos on his arm and must say it looked nasty, but who am I to complain, I’m just a taxpayer who wants my police force to look professional and not like a street thug. Silly me.

  • it's just me says:

    If i paid for something that going to be on my body for ever who are you to tell me I can’t where what I want to wear it’s my body and my life as long as it doesn’t offend anyone it should be alright it’s not like its gang related or non thing it’s just me being an individual and expressing my freedom.

    • White stuff in & on my nose says:

      Who are you to tell me , I must hire you and cost my business profits? Tattoos are appearance, just like filthy jeans, for example,or long hair. I have long hair for a guy and if I had to cut my hair for a job than I would. You have your individual right to get a tattoo and I have mine to hire people that look professional. You can not have it both ways and should have thought about the ramifications of following the other sheeple.

    • disqus_0PtLV9c2IT says:

      Well then you’re welcome to go work somewhere else that allows you to show your tattoos. *rolls eyes*

  • sharon gough says:

    I am sorry but NO employers shouldn’t have the right to ask you to cover up your tattoos. They don’t define you as a person you are the same person with or without tattoos, people are way to quick to judge people with tattoos but the funny thing is that us that have got tattoos don’t judge you people that don’t. We don’t care if you dont have them that’s your choice as its our choice to have them. Seriously their are children starving in the world and OMG tattoos are an issue please !!!!!!

    • davycoolguy says:

      People judge people all the time. If you say you do not you are a liar. I find it ironic that tattoo person is so f’en bold about their individuality and yet they can not accept the individuality of an employer. You made your bed , not lie in it. My hair is longer for a guy and I accept that I might have to cut it should I need to get back into the job market for a different job.

  • disqus_0PtLV9c2IT says:

    I was at the front counter in a certain business, and the cashier’s arms were covered in disgusting tattoos of neo-nazi hate symbols and speech. I *WISH* the business had the wherewithal to require him to cover his arms!

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