Introduction
Despite the decreasing prejudice against tattoos in the workplace, discrimination based on tattoos still exists in companies, despite the Ley Federal del Trabajo (LFT) prohibiting it. Katia Everardo, a labor relations consultant at Abarca y Asociados, emphasizes that companies must provide safe work environments free from discrimination.
Legal Perspective
According to Everardo, no legal provision states that having tattoos limits employment or advancement. The Mexican Constitution asserts that employers cannot discriminate against individuals or infringe upon their dignity. Article 133 of the LFT explicitly prohibits employers from any form of discrimination and imposes penalties on workplaces that reject workers based on discriminatory criteria.
Expert Opinions
Raquel Ortiz, an associate senior at DLA Piper México, acknowledges that while discrimination based on any non-job-related characteristic is illegal, there are exceptions for not hiring someone. These exceptions are justified if the distinction relates directly to job requirements, unlike tattoos.
Public Perception
Although opinions are divided, more companies are accepting employees with tattoos. The Termómetro Laboral de OCC survey indicates that 60% believe tattoos don’t affect job performance, though 11% still think they negatively impact a professional image.
Exceptions for Denying Employment
The Supreme Court of Justice of the Nation (SCJN) ruled that tattoos aren’t grounds for dismissal unless they convey an offensive message to coworkers, and the individual refuses to cover it upon employer request. The SCJN’s resolution stemmed from an amparo case involving a tattoo of a swastika, which symbolizes racist or anti-Semitic discourse. In such cases, the employer can request the employee to cover the tattoo, and failure to comply may result in termination.
Addressing Workplace Discrimination
Everardo suggests that employees review their company’s internal policies, which often include guidelines on handling discrimination issues. She also recommends filing a complaint with human resources or the National Human Rights Commission to ensure proper handling of the situation.
Ortiz advises companies to carefully consider job requirements and descriptions for vacancies, ensuring they’re genuinely related to the applicant’s duties and not merely personal preferences like disliking tattoos or piercings.
Key Questions and Answers
- Q: Is there a legal provision that prohibits employment due to tattoos? A: No, there isn’t any legal provision stating that tattoos limit employment or advancement. The LFT prohibits any form of discrimination based on tattoos.
- Q: Can companies refuse to hire someone because of tattoos? A: Companies can refuse employment if the tattoo’s message contradicts the company’s values or creates a hostile work environment. However, personal preferences like disliking tattoos aren’t justified reasons.
- Q: What should employees do if they face discrimination due to tattoos? A: Employees should review their company’s internal policies and, if necessary, file a complaint with human resources or the National Human Rights Commission.
- Q: How should companies handle tattoo-related issues? A: Companies must ensure job requirements genuinely relate to the position and avoid discriminatory practices, such as refusing employment based on personal preferences rather than job-related criteria.
