Is an unenforced policy good enough to fire someone?

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Is an unenforced policy good enough to fire someone?

I work for an employer who has not enforced an anti tattoo policy for over a year, and now wants to make about 30 of us either cover up in the heat of Arizona or get rid of us. Do we have a legal leg to stand on?

Asked on August 17, 2016 under Employment Labor Law, Arizona

Answers:

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

Answered 5 years ago | Contributor

First of all, generally speaking a company may put in place dress and appearance codes. Additionally, a business can choose to enforce a previously unenforced section of its company policy. The fact is that an employer can set the conditions of the workplace much as it sees fit. That is unless such action constitutes some form of legally actionable discrimination or violates the terms of an employment contract or union/collective bargaining agreement. Bottom line, you'll have to comply with this regulation or risk termination.
 


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