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Best Practices


INEDA dealers should consider developing a written personal appearance policy, which is in the best inter- est of their business when applied consistently. In general, the policy should cover clothing, appearance and grooming. A detailed list of permissible and impermissible items is not necessary, specific examples can help. General statements about appropriate dress, appearance and grooming, with specific exam- ples where appropriate, should prove sufficient. The policy should be given to all employees and a signed acknowledgment should be obtained from all employees that they have read, understand and will abide by the policy.


The policy should be enforced on a case-by-case basis so as not to run afoul of discrimination laws. For example, employees have no legal right to wear a tattoo unless it is required for a sincerely held religious belief. In such a situation, management should speak with the employee to determine what reasonable accommodation is appropriate for the employee’s religious beliefs.


The policy should be enforced evenhandedly. If you decide to start enforcing the company’s appearance policy but have been lax about it in the past, begin by re-publishing the policy to your employees and then follow through with your enforcement plan.


Both the appearance and content of tattoos can be regulated. A rule requiring that a tattoo be covered at work is generally permissible. On the other hand, an employer might choose to permit visible tattoos as long as they don’t appear on the face, neck, or hands. There are other variations possible here.


When visible tattoos are permitted, the problem may be offensive content, such as tattoos containing profanity, obscenity, nudity, gang signs or affiliations, swastikas or similarly offensive art. Such content can be forbidden or required to be covered. This is similar to the type of harassment forbidden by your hostile work environment policy. Common sense should prevail when enforcing your employment policy concerning personal appearance.


A New Day


Statistics now show that Millennials and Generation Z are more likely to get tattoos than prior generations and as such, general attitudes toward tattoos are changing. Often, businesses treat tattoos as they treat speech – you shouldn’t swear or make offensive jokes in the workplace – nor can your tattoos. INEDA dealers compelled by a lack of applicants and desirous of a more diverse applicant pool may look at easing traditional no tattoo policies.


For help drafting a new appearance policy or reviewing an existing policy, call the INEDA Human Resources Helpline at 855.277.5575 or email revnen@woodsaitken.com.


July/Aug | The Retailer Magazine | 25


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