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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 :)
Posted on the NEW CafeMom Mobile
by on Jan. 25, 2013 at 10:01 AM
Replies (91-100):
stacymomof2
by Ruby Member on Jan. 26, 2013 at 12:19 AM
1 mom liked this

Meh.  I don't feel as though there is much of a comparison between  sex discrimination and whether a conservative industry should be required to hire someone who doesn't look "conservative."  For one thing a tatt is a choice.  For another you can still get them in places that only show when you want them to.

Personally I don't care how many holes are in a person's face.  However business are allowed to have dress codes, I don't consider that discrimination and neither does the law.  That's like saying you should be able to wear sweats to your job at Macy's.  You just can't, that is not the image they want to portray.  

I am required to dress appropriately at my job as well.  I am expected to look professional, wear clean clothes, business casual, comb my hair and all that good stuff.  In my position I am required to present a certain image.  I can't slop around just because I prefer to do so.  (And I do.)

Quoting LindaClement:

Not everyone wants a female banker, either. 

It's best to ignore that kind of attitude rather than pandering to it. It makes it go away faster.

Quoting stacymomof2:

I think it is silly to call businesses not wanting to hire tatooed and pierced people discrimination.  That being said, in my business it is extremely rare for our employees to not have both.  Nobody cares if the DJ and bartender have tatts and piercings.  As a matter of fact it's practically expected.

However not everyone wants their banker with visible tatts.  Such is life.  If you are looking for a job in a conservative industry better keep them under wraps.



TranquilMind
by Platinum Member on Jan. 26, 2013 at 12:27 AM

Tattoos are not attractive and do not present a professional image.  Being tattooed is not a protected status under Title VII nor should it be - it is completely voluntary.   Race, color, religion, sex, and national origin are inherent characteristics (speaking of religion as a cultural issue here - you can't not be born Muslim, if you were). 

Some are attempting to stretch inherent characteristics to include behavioral issues such as homosexuality or marital status, but that is only area-specific. 

Do it at your own risk, understanding that you are choosing to remove yourself from consideration for some - not all- positions. 

 

ShannyLouisiany
by Member on Jan. 26, 2013 at 12:52 AM
1 mom liked this
oh, bullshit.

I didn't think I'd need to read very far into the post to spot the first clueless asshole who declares someone with extensive body modification mentally ill. I'm also not surprised to see it's you.


Quoting lga1965:

 


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?



 throwing upoh my goodness.....he needs serious psychotherapy. That had to be expensive and had to hurt ......and looks horrible.


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SEEKEROFSHELLS
by Platinum Member on Jan. 26, 2013 at 1:06 AM

 Now I am giggling with the attorney's comment.  She told you what she does. She didn't go into detail about how they coach clients on what to wear, or how to act in court. How one presents one's self to the court  Great comment. Whether in court or an interview with an employer a conservative look is the better bet.


Quoting lizzielouaf:

I'm an attorney and I have four tattoos but I also had the sense to get them in areas I could easily cover. It's unrealistic to think how you present yourself in a workplace setting doesn't matter. 



Ziva65
by Gold Member on Jan. 26, 2013 at 1:29 AM

 


Quoting greenie63:

I just don't get this. 

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?


I don't get it either... how'd you like him to be your nurse?

 

JoshRachelsMAMA
by JRM on Jan. 26, 2013 at 6:38 AM
Keep it all under the coat.

Quoting wickedfiress:

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lilbit53009
by on Jan. 26, 2013 at 7:28 AM
1 mom liked this
I understand all that. I have 9 tattoos all but 1 on my wrist are hidden while im at my corporate job. I have a career. but I see every day more and more people accepting showing of tattoos in my office. things will eventually change as time does...as with everything else.

Quoting lga1965:

 "Uptight" people? Wow. First you mention "old people" and now you say "uptight people". You are really judgemental and have no clue as to how important your presentation is and how it effects people in the business world, for instance. If you like tattoos and all that, you will be able to get a job as a bartender or in show biz. But if you have a college degree and want to have a real  CAREER in accounting and finance, for example, in a professional setting, you won't be getting a mess of tattoos. That's reality.Deal with it.


Its not an age thing and it's  NOT  being "uptight".....


Quoting lilbit53009:

where do u live? I honestly think that makes a difference too. atleast the majority...obviously the will always be uptight people.


Quoting Ziva65:


 



 



Quoting lilbit53009:



this is getting and eventually will be phased out. as all the old people retire and the newer generation is running the businesses



I am the new generation. I don't allow visible tattoos in our place of business... my kids find them offensive too, and the oldest is 16... BTW, some of our employees at age 70, have tattoos too... it doesn't equate with age.



 


 

Posted on the NEW CafeMom Mobile
quickbooksworm
by Silver Member on Jan. 26, 2013 at 7:38 AM
1 mom liked this
I think its ridiculous employers are being accused of discrimination for basically creating a dress code. No one chooses to be born male or female, or what color skin to have. I don't recall anyone being born with tattoos and gauged ears. Here's a crazy thing... when I got my tattoos I put them in a place I can cover because I knew it would affect my ability to get a job and I didn't want to have to cover them all the time. Someone can express themselves in a way that will still allow them to live a normal life. If its that important they run around with plates in their ears and tattoos on their faces, they should choose a profession that allows for it.
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quickbooksworm
by Silver Member on Jan. 26, 2013 at 7:47 AM
I have a career in accounting and a couple tattoos. One is easier to cover than the other so I don't really bother (its on my foot and most shoes will show it). I don't have full sleeves or anything like that. I work in the construction industry though so its not a bad thing. I'd be more concerned if I worked for an accounting firm or a church or something.


Quoting lga1965:

 "Uptight" people? Wow. First you mention "old people" and now you say "uptight people". You are really judgemental and have no clue as to how important your presentation is and how it effects people in the business world, for instance. If you like tattoos and all that, you will be able to get a job as a bartender or in show biz. But if you have a college degree and want to have a real  CAREER in accounting and finance, for example, in a professional setting, you won't be getting a mess of tattoos. That's reality.Deal with it.


Its not an age thing and it's  NOT  being "uptight".....


Quoting lilbit53009:

where do u live? I honestly think that makes a difference too. atleast the majority...obviously the will always be uptight people.


Quoting Ziva65:


 



 



Quoting lilbit53009:



this is getting and eventually will be phased out. as all the old people retire and the newer generation is running the businesses



I am the new generation. I don't allow visible tattoos in our place of business... my kids find them offensive too, and the oldest is 16... BTW, some of our employees at age 70, have tattoos too... it doesn't equate with age.



 


 


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greenie63
by Silver Member on Jan. 26, 2013 at 10:15 AM

If he's a good nurse, then I wouldn't care. I wouldn't judge his job performance on his bad taste in personal body art, after all there is beautiful artwork and some fugly artwork lol. 

Now dating the guy, nah all that stuff would be such a distration, it's just too busy! 

Quoting Ziva65:



Quoting greenie63:

I just don't get this. 

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?


I don't get it either... how'd you like him to be your nurse?



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