The law prohibits dismissal for tattooing, but the discrimination is real

The law prohibits dismissal for tattooing, but the discrimination is real


Can you lose your job if you get a tattoo? The law clearly says no

The law prohibits dismissal for tattooing, but discrimination is real:
  • ASSISTANCE

    The law prohibits dismissal for tattooing, but the discrimination is real

    The law prohibits dismissal for tattooing, but the discrimination is real

  • ASSISTANCE

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I read a curious survey with 39 HR directors here in Brazil, from different segments. None of these companies have an explicit policy on hiring tattooed people. But 23% of these directors think tattooed people are less credible, and 21% have already stopped hiring someone because they had a tattoo.

I believe this number is very undersized. In reality, the number must be much higher. Especially in some professions and in management and higher positions.

It seems absurd and a great injustice. Why does something as obviously superficial as a tattoo interfere with a professional’s ability to do their job well?

The answer is that it might not interfere with anything, but humans are social animals. And groups, communities, companies have the values ​​they have. Even if you or I think they are stupid prejudices.

Can you lose your job if you get a tattoo? The law clearly says no: “The adoption of any discriminatory and restrictive practice for the purpose of accessing or maintaining an employment relationship, based on sex, origin, race, color, marital status, family situation, disability , professional rehabilitation, age, among other things, except, in this case, the hypotheses of protection of childhood and adolescence provided for by chapter XXXIII of art. 7 of federal constitution.”

And there is still a bill to explicitly insert mentions of tattoos and piercings in the previous paragraph.

Beautiful. But what about in practice? We know that’s not how it works. Even without explicitly discriminating, many companies prefer certain appearances. No wonder every employee of the gym is always in shape.

It’s very difficult to control.

If you were already tattooed when you were hired, that’s one thing. If you get a tattoo after joining the company, you could face retaliation. Even if the tattoo doesn’t justify Just Cause, how are you going to prove that your firing was due to the tattoo and not any other argument?

Of course, an unobtrusive tattoo that does not appear in everyday life will go unnoticed.

The problem can arise if you get a tattoo that your coworkers, your boss, or your company’s customers find outrageous, for whatever reason.

Everything is a question of the environment. If a doctor gets a skull tattoo on his forehead, the hospital where he works will surely not like it. If you’re a funk star, you might even gain a lot of fans.

A conservative boss might be scandalized by a hammer and sickle tattoo. A more progressive boss might riot with a machine gun tattoo. Nonsense? And how. And it doesn’t matter if you did it when you were 18 and changed your mind for decades to come, it’s there under your skin.

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It’s no use cheating. Having a tattoo can have very negative consequences when facing the job market. Outside of Brazil, this is happily starting to change. Let’s hope the fashion comes soon, as a comment in this video.

André Forastieri is a journalist, partner of Compasso consultancy and founder of Homework. Find out more about your work atandreforastieri.com.br

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Source: Terra

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