Tiffany Free

Not long ago, the only body part that was routinely pierced for jewelry was the ear lobe, only women did it, and they usually had only one hole per ear. But things have changed. Today, not only is it quite common to see multiple piercings in each ear, an increasing number of people are piercing their noses, eyebrows, lips and even tongues. Along the same lines, more and more people are getting tattoos–many of them in prominent places on their bodies.

Like it or not, exotic adornment is making its way out of the counter-culture and into the mainstream. How far can you as an employer go in setting policies on this type of accessorizing?

A company does not have the right to tell a person they can’t pierce their body; however, a company does have the right to establish a dress code and dictate the appearance of workers on the job.

Dress codes may be based on image requirements, safety issues, or a combination of the two. A manufacturing facility may restrict the type of jewelry that can be worn on the production floor for safety reasons. A financial services firm may prefer that employees project a conservative, professional image to clients. And as long as your dress code is not discriminatory, you have the right to establish the policies you prefer.

Make your dress code as specific as possible to reduce the risk of interpretation challenges. Stipulating that jewelry must be “in good taste” leaves you open to a debate on just what “good taste” is. Instead, outline what is and is not acceptable. For example, you might define the maximum size and number of earrings someone can wear, or you might set a policy of no facial jewelry. Restrictions on tattoos can range from a policy of “no visible body art,” which means all tattoos must be covered at work, to no limits at all.

Reasonableness is an important part of a dress code. When safety is not the issue, allow employees as much self-expression as possible while still being appropriately attired for your industry and their role in the company.

All new hires should be advised of the dress code as part of their orientation. If you decide to implement or change your dress code, consider ahead of time how you will deal with existing employees whose current dress may not comply with the new rules.

Finally, before implementing a dress code, have an attorney or someone who is familiar with labor law take a look at your written policy to make sure it is not discriminatory and that it does not violate any existing legislation.