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Body art discriminantion in the workplace

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"Title VII of the Civil Rights Act of 1964 . Title VII prohibits discrimination because of race, color, religion, sex, and national original. Title VII applies to all private employers, state and local governments, and education
institutions that employ 15 or more individuals. Rehabilitation Act of 1973. This law essentially applies the standards of Title VII to the federal government as an
employer. Lilly Ledbetter Fair Pay Act. The Fair Pay Act changes when the statute of limitations begins for workers’ claims of
pay discrimination under Title VII and the Age Discrimination
in Employment Act (ADEA) to declare that an unlawful
employment practice occurs not only when a discriminatory
pay decision or practice is adopted but also when the
employee becomes subject to the decision or practice, as well as each additional application of that decision or
practice. In other words, each time compensation is paid. Equal Pay Act. The EPA prohibits sex-based pay discrimination between men and women who perform under
similar working conditions. The EPA applies to all employers
covered by the federal Fair Labor Standards Act (FLSA). Pregnancy Discrimination Act (PDA). The PDA, which is part of Title VII, prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Family and Medical Leave Act (FMLA). The FMLA prohibits discrimination against pregnant women and
parents as well as employees with serious health conditions.
In 2008, two new types of FMLA leave were created which
gives job-protected leave for family of members of the armed services. Age Discrimination in Employment Act (ADEA). The ADEA prohibits discrimination against employees age 40
and older. The ADEA covers private employers with 20 or
more employees, state and local governments (including
school districts), employment agencies, and labor
organizations. Americans with Disabilities Act (ADA) and ADA Amendments Act (ADAAA). The ADA and ADAAA prohibit discrimination against a qualified employees or job
applicants with a disability because of the disability,
association with someone with a disability, or because the
employer sees an employee as disabled, even if he actually
isn’t. The ADA and ADAAA applies to the same list of
employers as Title VII. Nineteenth Century Civil Rights Act. This Act, amended in 1993, ensure all persons equal rights under the
law and outline the damages available under the Civil Rights
Act of 1964, Title VII, the ADA, and the 1973 Rehabilitation
Act. Genetic Information Non-Discrimination Act (GINA).The federal Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers, employment
agencies, and labor unions from discriminating against employees based on genetic information. It also prohibits insurers from charging higher premiums based on genetic
information or from using genetic information in underwriting
decisions. In addition to federal laws, many states also have laws similar to the ones above prohibiting discrimination and some include even more protected categories than the
federal laws cover. State-by-state comparision of 50 laws in all 50 states including discrimination laws Sexual orientation discrimination On June 24, 2009, the Employment Non-Discrimination Act ( ENDA) of 2009 was introduced in the U.S. House of Representatives. ENDA is a proposed federal law that would
prohibit sexual orientation discrimination in the workplace. Sexual orientation discrimination currently is not explicitly
prohibited under federal law. Certain states have enacted
discrimination laws that apply to homosexual, bisexual, and
transsexual individuals. In some states, sexual orientation
discrimination is prohibited only in certain municipalities.
There have also been attempts to provide discrimination protections through court cases interpreting existing sex
discrimination laws."

(source: topics.hrhero.com/discrimination-in-the-workplace/#)











*****All of these things are protected in regards to employment, however in 2013 body art discrimination is still alive and well, and socially acceptable. The reasoning is often because of the fear of "offending" a patron, yet other possibly offensive things are protected (as they should be IMO) such as national origin, religion including religious garments, gender identity, etc.
I understand employers may not want someone with, say, large ear gauges, or many tattoos, however there are employees who also don't want blacks or forigners, those of other religions, women, or open homosexuals, and those people still get the protection they deserve.

Why is this still acceptable in our culture? Do you agree or disagree with it? No bashing, let's all be big girls :)
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by on Jan. 25, 2013 at 10:01 AM
Replies (21-30):
loisl25
by Member on Jan. 25, 2013 at 11:21 AM

 

Also, is it just me or are those lice eggs in his hair? *shudders*

Quoting Woodbabe:

When you choose to do this stuff to yourself, you are forced to accept that there WILL be consequences. Does this guy look like he'd get hired to be a Kindergarten Teacher?


 

lizzielouaf
by Gold Member on Jan. 25, 2013 at 11:23 AM
1 mom liked this

Anyone saying discrimination against body art is a prosecutorial issue is very offensive, IMO. Body art is a choice. You have the choice to never display your body art. You have the choice where you get your body art and the content of such body art. You do not have the choice to be gay. You do not have a choice what color skin you are born with. You do not have the choice if you are born with a birth defect. This particular issue flies in the face of a true discrimination. 

katy_kay08
by on Jan. 25, 2013 at 11:24 AM

Does this person give you the warm fuzzy "I'd leave my kids with her" feeling?  

lizzielouaf
by Gold Member on Jan. 25, 2013 at 11:24 AM
1 mom liked this

Ew gross, barf, why did you point that out? lol


Quoting loisl25:


Also, is it just me or are those lice eggs in his hair? *shudders*

Quoting Woodbabe:

When you choose to do this stuff to yourself, you are forced to accept that there WILL be consequences. Does this guy look like he'd get hired to be a Kindergarten Teacher?





Veni.Vidi.Vici.
by on Jan. 25, 2013 at 11:24 AM
1 mom liked this


Quoting Woodbabe:

I think its because body art is something you electively choose to do to yourself to express who you are to the world.

You can say its not fair to judge you, but the harsh reality is that yes, you are judged. You are judged everyday on how to choose to present yourself to the world.


I am always pleasantly surprised to see people who have visable tattoos and piercings in places I'm not used to seeing that. I'm not bothered by it all and I really want to patron those places more frequently. I do agree with you and I was going to post something similar.


pamelax3
by Gold Member on Jan. 25, 2013 at 11:24 AM

I have tattoos but they are in places that are covered during the work day, these were my personal choices to get and if an employer feels they will interfere with my job that is their choice, there is no reason for body art to be protected, the amount of art you get/do not get is a CHOICE

Woodbabe
by Woodie on Jan. 25, 2013 at 11:30 AM


Quoting Veni.Vidi.Vici.:


Quoting Woodbabe:

I think its because body art is something you electively choose to do to yourself to express who you are to the world.

You can say its not fair to judge you, but the harsh reality is that yes, you are judged. You are judged everyday on how to choose to present yourself to the world.


I am always pleasantly surprised to see people who have visable tattoos and piercings in places I'm not used to seeing that. I'm not bothered by it all and I really want to patron those places more frequently. I do agree with you and I was going to post something similar.

It really IS a lot more common to see a stud in the nose or other small piercings and they don't bother me either. Neither do the occassional tattoo. 

 Sexy If its unladylike, fattening or fun, I'm in!
  

Traci_Momof2
by Silver Member on Jan. 25, 2013 at 11:43 AM

Like all others have said, getting body art is a choice and therefore comes with consequences.  We can't expect our gov't to protect us from the consequences of every single choice we make.  That would be ridiculous.

For businesses, it's an image thing.  Most businesses want to portray a particular image.  For a lot of them, body art does not fit in with that image.  I have no problem with a business saying "no visible body art" in the same way they say "no visible spaghetti straps".  I use that example because that was actually said to me once.  There was a co-worker who was talked to about wearing camisoles w/spaghetti straps and nothing over it.  My manager knew I wore camisoles w/cardigans over them a lot.  Just as a friendly reminder, she pointed out that another employee had been talked to and reminded me to always keep my cardigan on.  I always did anyway but I appreciated the reminder.

So if an employer can say "keep your shoulders covered" then why shouldn't they say "keep you body art covered"?  I completely agree with employers being able to dictate both about their employees.

Traci_Momof2
by Silver Member on Jan. 25, 2013 at 11:45 AM

I wanted to add that, in general, societal reactions dictate employer decisions on these sorts of things.  If there comes a time when society is much more accepting of body art, then employers won't have to worry so much about the image and won't be so concerned about the body art of their employees.  But it has to come from society since society is the customer base.  As we know, society is slow to change on things like this.

ReadWriteLuv
by Silver Member on Jan. 25, 2013 at 11:52 AM
It may surprise you what will offend the senior citizen populace. Our group has a very strict policy on tattoos, piercings and hair color. Our dress code is strictly enforced. My hair is three different colors, I have brown, blonde and red streaks, but none of them are overtly crazy. I had a 70 something gentleman ask me last week, and I quote, "What the hell happened to your hair?". He requested that I not X-ray him again because I looked funny. Go figure.
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