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

UPDATED: Dec 28, 2012

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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


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

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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