Generation of tattooed workers leaving a mark

For some companies, allowing body art can be a boon — it attracts young workers that may not feel welcome in more conservative environments, said Paul Forster, CEO of the job search Web site Indeed.com (which shows that postings for tattoo artist have surged in the past year). Forster allows body art in the office, and about a quarter of his 25 employees have it.

“Most work is done via e-mail, instant message, over the phone. We don’t have those face-to-face issues,” Forster said.

Of course, at workplaces like design firms, salons, and retailers targeting the young demographic, hiring employees with body art is par for the course. Joe Duffy — CEO of the design firm Duffy & Partners, which has developed branding for companies including Coca-Cola, BMW and Starbucks — said he hired a young woman about a year ago who used her tattoos as part of her application portfolio.

But in traditionally suit-and-tie service industries, bosses want body art hidden, according to Talar Herculian, an employment attorney with Fisher & Phillips LLP in Irvine, Calif. — and that means going about restricting it legally. More employers err on the side of being too vague about their dress code rather than too strict, she said, and that’s when problems emerge.

“Most people who don’t have counsel don’t realize what their rights are. They’re afraid to impose restrictions. You can be very stringent,” Herculian said. If a dress code is put into writing and doesn’t discriminate between the sexes, it can be enforced legally, as long as employers are open to negotiating compromises for health or religious reasons.

The major U.S. lawsuit regarding body piercings — Costco Wholesale Corp. versus an employee who was a member of the Church of Body Modification — found in favor of the employer. Still, Barron said, it’s important to note that the decision wasn’t an automatic one; the courts will weigh the burden of the employee against the burden of the employer.

“Old stereotypes are being challenged. What seemed very accepted 10 years ago may not be now,” Barron said. “A lot of younger folks are entering the work force. The standards that have been in place are going to be pushed, and usually the way they’re pushed is through lawsuits.”

Will there be a point when bosses don’t bat an eye at their employees’ body art?

“We’re probably another 10 years away from that. You have to wait until these guys and girls are managers themselves,” Flavorx’s Neiss said. “If you’re a suit-and-tie kind of place, I don’t think it’ll ever be appropriate there.”

In some sectors, though, the shift may already be happening: SheaHedges’ Sacks said that a few months ago at an interview with what he describes as a “quirky” PR firm in Minneapolis, the topic of tattoos arose. The interviewer stood up, lifted her leg on her desk, and pulled up her pant leg to show him the big butterfly tattoo on her calf.

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