is it considered discrimination to deny someone’s employment application based on visible tattoos?

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is it considered discrimination to deny someone’s employment application based on visible tattoos?

They are not offensive, and not disctracting but are located in visible areas.

Asked on December 28, 2012 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No it is not. Employment discrimination must be based on a person's inclusion in a legally protected class. Therefore, unless the rejection of your job application was caused by reason of race, religion, gender or the like, the company's action was perfectly permissable under the law. The fact is that an employer can hire and fire at will. This includes enforcing rules about an employee's (or prosepective employee's) appearance. So, unless this action violated its own company policy, a union agreement or employment contract, it broke no laws in your case.


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