Designed by Horiyoshi The 3rd. Tattoos are as Japanese as sushi, samurai, and yakuza but in recent years with the crackdown on organized crime the yakuzatattoos have become increasingly socially unacceptable while many younger Japanese and people living abroad have embraced tattoos as a fashion item. In December last year, the government of Saitama Prefecture submitted a bill to revise local ordinances to prohibit tattoos under the age of If the law is passed it will go into effect as of February 1st, this year.
Can an Employer Prohibit Tattoos and Piercings? He had recently decided an arbitration involving Wardair, a now defunct airline that had a policy of banning male flight attendants from having long hair and wearing earrings.
The union had challenged the law as unreasonable. In the s, it was long hair and sideburns. In the s, it was earrings for men. Today, it is tattoos and piercings. Appearance codes cannot discriminate on prohibited grounds.
Which ground, and why?
For more discussion on employer rules on personal appearance in nonunion workplaces, see this post. The decision is called The Ottawa Hospital. This was a unionized workplace, so the union was able to file a grievance under the collective agreement challenging the new policy. No human rights argument was raised.
The Arbitrator cited the key passage from KVP: A rule unilaterally introduced by the company, and not subsequently agreed to by the union, must satisfy the following requisites: It must not be inconsistent with the collective agreement.
It must not be unreasonable. It must be clear and unequivocal. It must be brought to the attention of the employee affected before the company can act on it. The employee concerned must have been notified that a breach of such rule could result in his discharge if the rule is used as a foundation for discharge.
Such rule should have been consistently enforced by the company from the time it was introduced. In the Ottawa Hospital case, the employer argued that the new appearance rules were necessary because some elderly patients felt uncomfortable around staff with piercings and tatoos.
The employer argued that the KVP test is dated, and needs to be revised, at least in the case of hospitals, to give employers more lattitude to govern the appearance of staff in the interests of patient concerns.
The Union argued that the new appearance rules failed the KVP test.
The Arbitrator found for the Union, and struck down the appearance rules. I also accept that the lack of complaints does not necessarily mean that there is no uneasiness felt by some patients. The hospital provided no evidence whatsoever for this assertion, which seems to be based only on the personal opinions of [the Manager] and possibly other senior managers.
So, the standard argument wins the day: The employer must point to concrete evidence that the rules are necessary to address a real business-related concern. The Arbitrator includes an interesting reference to human rights issues: This is not a human rights case.
But there are echoes of old human rights debates here. But while tattoos and piercings are not protected under human rights laws, the evidence in this case was clear that many of the employees regard those aspects of their appearance as an important part of their identity.
However, the hospital seems willing to comply with other types of prejudices and that have no link to the quality of the health care received by the patient. Note that in a nonunion workplace, there is no requirement for an employer to meet the KVP test.
That means nonunion employers can usually impose whatever dress or appearance code they wish, subject to any human rights issues that could arise.
Unionized workers clearly have a greater right to personal expression at work. Which model do you think is best? Should the Human Rights Code prohibit discrimination on the basis of personal appearance?Home page of Loyola University New Orleans. Business. Ranked in the top cities on Forbes' list of “The Best Places for Business and Careers,” New Orleans is quickly becoming a hub for entrepreneurs.
Tattoos - Philosophy for Everyone: I Ink, Therefore I Am [Robert Arp, Fritz Allhoff] on regardbouddhiste.com *FREE* shipping on qualifying offers. Covering philosophical issues ranging from tattooed religioussymbols to a feminist aesthetics of tattoo.
Regardless, getting tattooed makes me happy and doesn’t hurt anyone else — I really don't care if you don't like it. I accepted my own father's disapproval of my tattoos, so your close-minded.
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