Discrimination against people with tattoos and piercings is increasing as body modifications become more common. While legally employers cannot discriminate based on physical attributes, in practice it is difficult to prove discrimination cases related to tattoos and piercings. Some employers and businesses have policies restricting visible tattoos and piercings, while other organizations are more accepting depending on the individual and position. Young people considering tattoos and piercings should be aware they may limit their employment and entertainment opportunities.

1. Personal Branding
Image & Personal Grooming in the Workplace
By Jon-Michail
Discrimination is increasing as more and more people experience the “joy” of tattooing and multi-piercing
their bodies. In past years, such adornments were mainly the preserve of musicians and tattoo artists,
but now we see them increasingly on people from all walks of life. In spite of this, it is a fact that young
people with piercings are not going to have an easy time, even more so when the economy is shaky.
In the journal Youth Studies Australia, Paul Rowe states in her PhD research that ‘those with a lifelong
legacy of piercings, scarring, and/or tattoos face difficulty finding work’. When contacted by The Age for
comment, more than ten of the biggest recruitment agencies had no comment on the issue. Legally,
discrimination of those with piercings and tattoos is not a straightforward issue, which makes recruitment
agencies reluctant to make a definitive statement.
As reported recently in the media the executive director of employment rights community legal centre
JobWatch, Zana Bytheway, says that the centre has been involved with 60 cases involving piercings and
20 relating to tattoos. She observes that it’s difficult to mount a discrimination case because nobody is
going to state that someone didn’t get the job because of their piercings. Instead, they will say that there
was a better candidate for the position. Recruitment agencies are being paid by the employer, so as long
as they find a candidate the employer is satisfied with, nothing is said.
It is not always easy to predict which
employers are happy to accept
pierced and/or tattooed employees.
Some have policies on what is
acceptable, and others are treated on
their individual merits. For example,
Amelia O’Reilly, a full time psychiatric
nurse at the Austin Hospital in
Melbourne, Australia has 20 piercings
which she is not required to cover up.
But in her part time job as a casual
usher at a large concert and sporting
venue, she is required to cover them.
She thinks their policy is outdated,
especially when some of the patrons
are more outrageous than she is.
Amelia O’Reilly - Psychiatric Nurse
However, it is not only employers who are divided over the piercing and body art issue. Many restaurants
and pubs are banning would-be patrons with visible adornments and tattoos by erecting signs that say
they will not be allowed in unless they cover up. Some have formal policies; others make informal
decisions. Paul Nicolau, the Australian Hotels Association chief executive says that licensees have the
right to deny entry to anyone as long as they did not breach anti-discrimination laws.
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2. Some owners and managers believe that banning such patrons helps to keep out the ‘riff-raff’. Andrew
Stanway. the owner of a ritzy Sydney bar has a sign on his door stating ‘All body art is to be covered
and not visible to the naked eye’. He sees ‘respectful dressing’ as being respectful to his business, and
that he has seen too many places get ruined by ‘letting in the riff-raff’.
Matt Morris – Spray Painter
The Australian Hotel and Brewery in Rouse Hill, NSW, Australia is a relatively new establishment that
enforces a ban on tattoos and ‘gangs or gang clothing’ on Thursday, Friday and Saturday nights. The
general manager Marcello Colosimo says that the ban applies to both staff and patrons, but at times
other than those advertised, tattooed patrons are welcome. However, Matt Thomas from Windsor says
he was told that their policy depended on ‘whether the staff on the door liked the look of you’.
Ms Bytheway, the chairwoman of the Law Institute of Victoria Discrimination Committee, says that
legally, a tattoo is regarded as a physical attribute as it cannot be removed to satisfy standards of dress,
whereas piercings fall under ‘management prerogative’ for standards of dress because they can be
removed.
It appears that young people, before they make the decision to have piercings or tattoos, should be very
much aware of the limitations they may be placing on themselves. Australia may be becoming more
accommodating, but their employment and entertainment opportunities are still liable to be affected by
them, even if no one will admit to it.
Experience tells me that people will be judged on their appearance no matter what law or social trend is
in place. Therefore it is essential to know exactly the pros and cons of every grooming decision that is
made, otherwise you could be practicing “career limiting” behaviour and in an uncertain economic
environment that may be a risk not worth risking.
Do you know of anyone who has experienced similar challenges in your workplace?
For further information on this handout and the consulting
and coaching programs available please contact: Page 2 of 2
Image Group International
Asia Pacific Head Office
T: (+61 3) 9824 0420
E: info@imagegroup.com.au
www.imagegroup.com.au
©2012