Are teachers allowed to have facial piercings while at work? Is this discrimination?

Question

I am a high school teacher. This past summer, I had a facial piercing (monroe- small beauty mark above lip). When I returned to school this week, the principal asked me to take it out. He said he did not allow any piercings, but ears.
Is this legal? I feel like I am being discriminated against. I thought I was protected by the first amendment.
The dress code does say it is up to your school principal, but does not say piercings aren't allowed. How can one piercing be okay and another not. Can he legally do this?

Answer 1

You can challenge his decision since the rule was not in the books. But are you sure you would want to go before the school board on this type of issue (which is possible if you press the issue)? While earrings (for ladies) have long been established in professional careers, facial piercings and tattoos haven't attained that status yet, especially for teachers. As a matter of professionalism, I would say leave the piercings out during the week. Just think how parents who don't want their kids having facial piercings would feel when their children come home saying, "But Ms. Jackson has one!"

Answer 2

As a teacher, you are expected to be a roll model for the students. So yes. the school can impose a dress code on the students and the teachers as well. A piercing in your face is not free speech or a right. Recent court decisions have come down and said that the schools have the right to regulate what is printed on T-shirts. If it is deemed disruptive then the student can be made to change.

You are probably not allowed to have visible tattoos or wear mini skirts. If you are shacking up with your boyfriend, I would not make a mention of that - and teachers have been known to loose their jobs for being unmarried and knocked up.

Please tell me you don't teach high school history or civics.

Answer 3

It is very unlikely that a court would find that piercings qualified as free expression. Even if the piercings had religious meaning, the current majority on the Supreme Court allows "neutral" rules even if they impinge on religious beliefs (neutral in the sense of applying to everyone).

As such, under the general dress code that your district has, your principal appears to be able to do that.

One caveat, if your school district is in a state that allows a form of collective bargaining, and you are part of a collective bargaining group (e.g. NEA) that has reached an agreement with the school district regarding grievance procedures you may be able to discuss it with your local NEA representative to see if it is worth appealing through the grievance process.

Answer 4

Don't they have to follow the same dress code(roughly) as the students?
At my school we can only have piercings in our ears. There was a girl who got a nose piercing and my teacher kept making her put a band aid on it in class.

Yes I'm sure he can legally do it

Answer 5

Yes he can, there is no law against discriminating against piercings. Sex, race, marital status, age.. but not on piercing. Look at it this way. If your students parents found out they would go complain to the principle.
btw You made yourself look really bad in front of the principle. He/she shouldn't have to ask you to take it off.. You should know better, that is if you had common sense

Answer 6

Yes, he can. You signed a contract agreeing to accept the principals dress code. If you want to make your life difficult, ask for a written description of the employees dress codes.
This is not at all uncommon.

Answer 7

First amendment doesn't apply to the work place.

It might be discrimination. However, it is only illegal to discriminate against race, religion and creed. So nothing you can do. Suck it up, the principal doesn't want you to wear the piercing, and that is his choice. Nothing wrong with that.

Answer 8

Sorry, but I agree with the principal. What you do outside of work is your business, but you should look professional at work. Which means no odd piercings or visible tattoos.

Answer 9

there are rules everywhere. its not descrimination. In certain atmospheres you must not be distractive to others especially students and set a good example. Code of conduct, should excersize some common sense and realize what your profession is. your a college educated professional and should act like one. what you do in your own time is your business unless it reflects on your job and sometimes can.

Answer 10

I really do enjoy wearing long skirts once in a while. They can be actually more comfortable than Denims and also much less hot to wear.