Tattoo You:
Getting a job in the square world without the shirt sleeves
by Kathryn Graham
Photos by Megan Reul
The Metropolitan
Tattoos have worked themselves under the skin of the American culture
and its economic market.
Companies, who once might not have hired applicants with tattoos, sometimes
do.
It’s hard not to find a person with at least one tattoo. People
of all ages are getting them, but many are students who will be entering
the work force as walking portfolios for their tattoo artists.
“Tattoos are an unwritten policy. It’s just case by case
and the appropriateness in the job they [employees] have,” said
Darrell Gallo, human resources business partner for Qwest.
Employees that are customer-facing, such as in retail, have to cover
their tattoos up, but in the high rungs of the corporate ladder, “ankles
[tattoos] are acceptable now,” said Gallo.
In Qwest’s other departments, management has the discretion. Is
it a bloody skull or a flower? If it’s obscene, the employee will
have to cover it, and facial piercings are not permissible in any department,
said Gallo.
This could lead to possible individual discrimination. “Manager’s
discretion” means that how the employee or applicant is handled
depends on the manager’s attitude about tattoos.
Of course, not all students are corporate bound.
“We don’t have much of a dress code policy. We’re scientists.
A lot of jobs here are just research jobs, but some interface with the
public,” says George Douglas, Public Affairs Associate from the
National Renewable Energy Laboratory in Golden.
“We have a general policy stating that employees at the laboratory
should represent the laboratory well and in an ethical and professional
way, and so far people have done that,” said Douglas.
Unfortunately, when the economy is lagging, some students may end up
employed at their local Wal-Mart after graduation.
Encompassed in Wal-Mart’s corporate dress code policy is that the
tolerance of visible tattoos “depends on the position.”
“Management can’t have any that show,” said Betty,
manager at a local Wal-Mart who wouldn’t give her last name. “None
of us managers do,” said Betty.
Corporate dress code policy at Wal-Mart also states that tattoos can’t
be “graphic or vulgar.” A male employee had a naked woman
on his arm and was made to wear long sleeves, said Betty.
A manager’s perception of what’s obscene is a potential problem.
In 19th century France, nudity was never considered graphic or vulgar,
and some people now might not consider it to be either.
Of course, there is a distinct difference between someone who has one
or two tattoos, regardless of their level of vulgarity, that can be easily
hidden under professional clothing, versus the hardcore-sleeved tattoo
enthusiast. A key difference is one is still marketable while the other
probably won’t get hired due to managerial discretion, or will be
forced to cover them, depending on the job.
Tattoos have traditionally been associated with sailors and bikers. “That
really degraded it a lot, which isn’t something to look down upon.
They still think of the stereotype,” said Ty Thomas, Tribe Tattoo
artist and manager.
Although tattoos are becoming more acceptable in the workforce compared
to the standards of years ago, many companies still draw the line somewhere.
Should employees be penalized by not getting hired or having to wear long
sleeves for what they do in their leisure time?
“I don’t think it [tattoo discrimination} would fall into
the Legal Off-Duty Conduct Statute,” said attorney Franklin Nachman
of the Littler Mendelson, P.C.
The 1993 statute grew out of efforts by the tobacco lobby to stop employers
from discriminating against employees who smoke. The law creates areas
of protected employee leisure activities such as campaigning or fund-raising,
the legal use of consumable products and membership in a union, or the
exercise of rights related to union activity and legal recreational activities,
broadly defined to include virtually all non-compensated leisure time
activity, except tattooing.
“I suppose that something could be written into a collective bargaining
agreement,” said Nachman.
Unions have non-discrimination provisions written into collective bargaining
agreements where tattoos could be included.
"I don’t see tattoo legislation on the horizon, but who would
of thought years ago that obesity would be included in the American’s
with Disabilities Act," said Nachman.
The lack of tattoo policy and legislation is something to consider as
the tattoo industry grows.
Although no benchmark figures are available, there are currently 21 validly
licensed body art establishments in the City of Denver, according to Michael
DeAnda from the Department of Excise and License. That figure does not
include the numerous other tattoo shops that exist in the surrounding
metro areas like Lakewood and Aurora.
“And there could be a couple more under the radar,” said
DeAnda.
The number of tattoo shops is only growing because the number of people
getting tattoos is also growing. Considering the obvious visible growth
of the tattooed population, how long will employees quietly wear long
sleeves in the summer to appease management?
Without much thought by lawmakers and companies given to the lack of
specific tattoo policy, there will continue to be a void left open for
discrimination.
“The city doesn’t have a policy limiting that. It is at the
manager’s discretion,” said DeAnda.
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