Can I be fired for my hair color, tattoos, or piercings?

Success and advancement in the workplace are one of the most important aspects of leading a fulfilling life for many Americans. Though many employers tout their companies as equal opportunity workplaces that focus on the merits of each employee, employment discrimination may still occur in obscure ways.  In California, employers are prohibited from discriminating against employees based on certain characteristics, including race, gender, age, national origin, disability, and sexual orientation. However, it may surprise you to learn that there is no specific law that addresses discrimination based on an employee’s voluntary physical aspects like hair color, tattoos, or piercings. 

Hair Color Employee Discrimination 

Under California law, employers are prohibited from discriminating against employees based on their race, which includes traits such as skin color, hair texture, and hair color. Therefore, if an employee is fired solely because of their hair color, and that hair color is associated with their race, then the termination could be considered discriminatory. However, if an employer has a dress code or grooming policy that prohibits certain hair colors for all employees, regardless of race, then it may be permissible to enforce such a policy. It’s important to note that any dress code or grooming policy must be enforced consistently and without discrimination. For reference on certain grooming polices, visit the EEOC website. 

Tattoos and Piercing Employee Discrimination 

Like hair color, there is no specific law in California that prohibits discrimination based on tattoos or piercings. However, discrimination against employees with tattoos or piercings could potentially fall under the category of discrimination based on an employee’s “appearance.” California law does not prohibit employers from setting dress codes or grooming policies, but these policies must be reasonable and applied consistently. If an employer has a policy that prohibits visible tattoos or piercings, it must be enforced consistently for all employees. If the policy is enforced selectively, then it could be considered discriminatory. For example, a small wrist tattoo should be held to the same standard as a large sleeve tattoo in an environment that prohibits visible tattoos. If both tattoos are uncovered but one is written up over the other, there may be an employee discrimination case. 

Other Considerations 

It’s worth noting that there are some exceptions to these rules. For example, employers in certain industries may have legitimate business reasons for enforcing strict dress codes or grooming policies. Additionally, religious beliefs may require certain hairstyles, facial hair, or clothing. In these cases, an employer must make reasonable accommodations for employees who have religious beliefs that conflict with the dress code or grooming policy. An employee in California can be fired for their hair color, tattoos, or piercings if an employer has a legitimate business reason for enforcing a dress code or grooming policy that prohibits these traits. However, if an employee is fired solely because of these characteristics and there is no legitimate business reason for the termination, then it could be considered discriminatory. As always, it’s important for employers to enforce dress codes and grooming policies consistently and without discrimination. If you have dyed hair, tattoos, or unconventional piercings, ask your employer what their policy is on these physical traits to learn where you stand. 

Frequently Asked Questions: 

Can an employer in California prohibit all tattoos and piercings, even if they are not offensive or inappropriate? 

• Yes, an employer in California can set dress codes or grooming policies that prohibit tattoos and piercings, as long as the policy is reasonable and applied consistently to all employees. However, if an employee has a religious belief that requires them to have certain tattoos or piercings, the employer must make reasonable accommodations for that employee. 

If an employee is fired for having tattoos or piercings, does that automatically mean the termination was discriminatory? 

• Not necessarily. If an employer has a legitimate business reason for enforcing a dress code or grooming policy that prohibits tattoos and piercings, then the termination may not be discriminatory. However, if an employee is fired solely because of their tattoos or piercings and there is no legitimate business reason for the termination, then it could be considered discriminatory. 

Can an employer in California require employees to cover up their tattoos and piercings while at work? 

• Yes, an employer can require employees to cover up tattoos and remove piercings while at work if it is a part of a reasonable dress code or grooming policy. The policy must be applied consistently to all employees, and if an employee has a religious belief that requires them to have certain tattoos or piercings, the employer must make reasonable accommodations for that employee. 

What should an employee do if they believe they have been discriminated against because of their hair color, tattoos, or piercings? 

• If an employee believes they have been discriminated against because of their hair color, tattoos, or piercings, they should first try to resolve the issue with their employer directly. If the issue cannot be resolved, the employee can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC).  

How to Start Your Potential Employment Discrimination Case 

If you believe that you have been discriminated against as an employee, contact our Employee Discrimination attorneys today to discuss your potential case. Once you contact us, here is what the process will look like: 

1. Fill out our contact form with your information   
2. Set up your free consultation   
3. Meet with our Employee Discrimination team  
4. Discuss your potential case   
5. Discuss your next steps   

McCune Law Group Advocates for Equal Treatment for All 

At McCune Law Group, our Racial & Economic Justice lawyers are advocates for change. Our team of attorneys are no strangers to helping clients faced with any form of discrimination in the workplace. No matter the type of discrimination, you can rest assured knowing that you have a powerful and knowledgeable ally fighting with you. With more than 30 years of experience and over $1 billion recovered for our clients, we have become nationally recognized for protecting consumer rights across the country. Contact our team today for a free evaluation of your potential case.