I was hired with piercings and tattoos.... (California)?

Question

I was hired for a reputable cell phone carrier and have been here 2 years and 4 months. Though I love my job and love the company I often wonder...

A few weeks ago I was asked by my regional to REMOVE my piercings and cover my tattoos.... I have my tongue nose and ears pierced. The tattoos I do have are not visable so covering them has never been a problem. But when its 95+ degrees outside I think its time to wear pedal pushers and I have a tattoo on my ankle.

So after being told "there comes a time in everyones life that we need to grow up" I took very little of that into consideration I am 25 years old live alone, pay my own bills and support myself and I dont think having tattoos or piercings makes me immature.

I did though, get a clear barbell for my tongue since it "offends" customers.

Here is the catcher... I am number 10 in my district of 250+ sales reps... my numbers should speak for themself that I obviously have no problem with my numbers or my sales skills.

So my question is are there any LAWS in CALIFORNIA that protect me? Keep in mind I was hired like this and have done nothing to change my appearance.

Thank you.

Answer 1

Unfortunately, the law will not protect you... the company you work for can set and change their dress code at will, and fire you for not complying...

Answer 2

You should be talking to an employment lawyer familiar with California law. In a general sense, though, when an employer hires someone they hire that person "as-is." If the piercings and tattoos were visible (and you can show they were obtained before hire) at the time of hire then the regional manager hasn't a leg to stand on. That said.... ticking off management almost always turns out badly for you. Corporate America is not at all safe waters to swim in; there be sharks. Make enough waves and they'll find a way to have you drown (all metaphor for there are lots of ways to find a reason to fire someone).

Answer 3

Technically, there isn't a discrimination law that covers body modification. However, there is a loophole I have discovered.

There is an online church called the Church of Body Modification, I think they also have a MySpace page, and basically, they say that they encourage their members to be tattooed or to modify their bodies through piercings, dermabrasions, etc.

And religious discrimination is most definitely a crime.

If I were you, I'd sign up as a member and then submit something to your regional and the corporate office stating that you have a membership there, and that membership, as well as your personal preference, dictates that you have tattoos and piercings, and you usually keep them totally covered and clear in order to appease customers, etc., but to let you have a little slack on account of your religious preferences.

Let them try to discipline you then (and of course, if you get fired, sue them). It's also important that you were hired that way and are obviously being singled out. You can file a complaint with the employment development department now.

Answer 4

Only if they are singling you out due to a protected class such as your gender, race, etc. Otherwise, California is an "at will" employment state so they can change the conditions of employment with or without notice. That includes dress codes.

Now, if they do take disciplinary action against you, but not someone else in a similar situation, you may have a gripe but that's very hard to prove.

Have you considered socks to cover your ankle tattoo?

Answer 5

No, unless you are represented by a union (they may or may not fight for you).

I don't mean to offend you, but you probably know that many people, especially older adults, do not like piercings and tattoos. There is a definite stereotype that goes with piercings and tattoos that exists, whether it's fair or not. This is why all 5 of my tattoos are easily covered by clothing. You really should have taken CA's hot weather into consideration when considering the placement of your tattoos.

Appearance and first impressions are everything in the career world. Accept it and deal with it or work somewhere that doesn't require working with people at all (a factory or warehouse, for example).

Answer 6

If the company can find one person to say that your appearance stopped them from buying from the company, they can probably require you to remove piercings and cover tattoos, even though you had them when hired. You really should have asked the Regional why it was important. It may have been a personal thing with them.

Answer 7

As far as i know, by your occupation your piercings shouldn't effect your work environment. I have a friend here in Texas who is top in the district and owns his own cell phone shop he has his eye brow, ears, labret and tounge pierced, i haven't heard anything that shouldn't allow him not to wear the piercings. and about your tattoo, thats nothing. Who told you that its immature, maybe that person had a rough childhood and wasn't allowed to have those kinda things done to their body, they just jealous.

i work in a medical clinic and a lady here wears pants that shows her ankles and she has a tattoo on it, nobody has complained on her nor has i heard any conflicts about it. Dont let that person change your apperance, if you were hired like that, let it be known that your not changing your ways.

Answer 8

I would talk to an attorney. Sounds like you're being singled out & discriminated against. The comment about growing up is out-of-line and sounds extemely judgemental.
For my birthday this year, I got myself ANOTHER tattoo... and I'm a successful business owner, mother of two, wife of 13 years who happens to be quite a bit older than you are. I'm pretty sure I've grown up. Personal preferrences are not a matter of age.
Sounds like you have been more than respectful of customers and that fact is being overlooked.
An attorney will be able to advise you on how to go about things while staying on the job, as well as advise you on what rights you have.

Answer 9

If you were #10 out of 250 at my co. I wouldn't care if you had a swastika tattooed on your forehead and a harpoon through your nose. Find a new job with a Co. that rewards performance.

Oh, I almost forgot, sorry they can fire you by law even if they don't like the way you comb your hair. The best you can do is contact the ACLU (American Civil Liberties Union) and ask them for sound advise and laws within your state.

Good Luck!!

Answer 10

No, A company can set their dress code as they please. The only time a company cannot dictate what you wear or how you present yourself is if it violates a religious belief, or the proposed dress code itself violates decency laws.

You can get clear plastic retainers for your piercings, as for the tattoos? on those workdays you may want to just wear a long skirt or pants.

Answer 11

They must impose this rule across the board in order for them not to get in trouble. If you were to be fired or disciplined over this, you could use the line "there comes a time in everyones life that we need to grow up" as a basis of discrimination.