In today’s society, tattoos and piercings seem to be more prevalent than ever before. Long gone are the days when a bit of ink or a body piercing was the domain of the rebel or outcast. These days, you’re just as likely to discuss your taxes or be sold a house by a person with a tattoo or piercing.
As an employer, though, you’re only too aware that first impressions count, especially when it comes to the success of your business. Employees are typically the ‘face’ of your business, so it is natural to want to try and control that image. Likewise, though, they are human, and also need the freedom to express their own individuality. But when does the freedom to express individuality become at odds with the need to represent a workplace professionally?
This is where things can get tricky – but they don’t have to.
Can You Set a Physical Appearance Policy?
In short – yes. It is within your rights as an employer to set a clear, concise dress and appearance policy, and it’s a good idea to present these policies to all prospective employees. This not only sets the dress standards he or she must meet, but will also indicate whether tattoos and piercings are acceptable. If you feel that tattoos and piercings will affect an employee’s performance or ability to perform their job, then you can request that they be covered or removed.
Bear in mind, however, that not all tattoos can be judged by the same standards. Some are religious and/or cultural, and failing to recognise this could very quickly see you falling afoul of anti-discrimination laws, so you need to show awareness and sensitivity and be prepared to offer some exceptions to any rules or policies. Instead of having a blanket rule and explicitly stating tattoos are banned, it’s best if you emphasise the importance of your company’s image, and how appearance and attire can either enhance or diminish that image.
The same is true of hairstyles, facial hair, hair colours and wardrobe.
Can you ask your employees to shave? This depends on the industry they are in, and the role they are undertaking. For instance, in construction if you are working around airborne contaminants, you are required to wear a mask for WHS purposes and facial hair may impede the mask’s protection. In this instance, the employer can ask you to shave your beard for health and safety reasons.
But if there are no safety issues, and you have specified through formal means (i.e. your Employee’s Handbook) that there’s a physical standard employees are required to meet, and you are not in Victoria – which has legislation that has physical appearance as a protected characteristic, then you can request a clean-shaven face. However, employers should be careful asking this, as beards often may be associated with religious beliefs/cultural standards and may cause racial/religious discrimination
But what about hairdos? The same holds true. If it’s an extreme cut or colour, then it needs to be defined in your employee handbook and outlined to your employees, ideally from the moment they are offered employment. You should set the standards yourself, as well as always make yourself available for questions in case your employees are unsure of what is and isn’t acceptable. In fact, if they’re unsure then they should always consult their line manager before any extreme changes are made to their physical appearance that may impact their employment.
How Can Physical Appearance Affect an Employee’s Job?
There’s no getting around it: having a neat and professional image benefits both the employee and your company’s reputation and image. Quite aside from any beauty bias or supposed halo effect, a well-kept, professional appearance delivers substantial benefits in all social interactions. This can lead to customers and clients feeling more confident in that employee which, in turn, enhances the confidence they feel in your business. The flow on effect is that the employee – assuming they can carry out the requirements of the role in the first place – becomes more effective at their job, simply because they look professional.
Of course, what constitutes a ‘well-kept, professional appearance’ will differ, depending on the role and industry. For instance, you would expect a law firm to have a different interpretation of professional appearance than a tattoo parlour. In the end you, as the employer, set the standard and tone.
How Can I Avoid Physical Appearance Discrimination?
The simplest way is to outline acceptable dress and appearance policies in an employee handbook, and ensure every employee has a readily accessible copy. While dress codes and grooming requirements are legally permitted, they must be enforced in a non-discriminatory fashion and equally across all genders.
In Victoria only, legislation forbids you from discriminating against any employee or job applicant based on height, weight, size, shape, facial features, hair or birthmarks. In this instance, when ‘hair’ is mentioned, it is in relation to asking someone to dye their hair because it is going/is grey (which could also lead to accusations of age discrimination). Through case law it has been determined that this extends to tattoos.
However, this does not mean employers in the states where this is allowed should be telling employees to lose weight, cut their hair, etc. whenever they feel like it. They should still be cautious; we recommend enforcing appearance and dress policies through the EE handbook etc. and they should avoid discriminatory policies, eg women should only wear skirts. There is such a thing as direct discrimination (I won’t hire X race) and indirect discrimination (indirect discrimination includes discriminatory policies in the workplace). We also recommend a policy regarding dress and appearance to avoid religious, sex, age discrimination etc that are prohibited in all states.
If you would like to discuss dress and appearance safeguards in your workplace, call Peninsula today on 1300 651 415. We can help you implement policies and procedures that will set a professional standard for all your employees’ physical appearance that is appropriate for your business and industry.