Tattoo And Body Piercing Rule Unreasonable

An Ontario arbitrator has decided an issue of increasing concern to employers everywhere – what can be done about tattoos and body piercings?  The answer:  not much, without objective evidence of an adverse effect on your business.

The Ottawa Hospital introduced a comprehensive dress code policy requiring, among other things, that employees cover up large tattoos and remove "visible, excessive" body piercings. The union grieved the dress code policy as an unreasonable infringement on employees' right to express themselves through their appearance.  The arbitrator agreed with the union and struck down the policy.

An employer rule imposed on a unionized workforce must be reasonable, clear, and consistently enforced. Rules concerning dress and appearance are generally reasonable where there is objective evidence of a legitimate business interest at stake. The arbitrator noted that in the context of a public health care provider, delivering the best possible health