QUESTION

How can an employer discriminate against someone who they hired for having tattoos?

Asked on Feb 28th, 2012 on Employment Contracts - Pennsylvania
More details to this question:
When hired at my place of employment they knew i had tattoos. i showed them all of them and the hiring manager told me it would be fine that another employee had tattoos. After several months of employment they asked to to find away to cover only one of them. so i purchased a cosmetic that is designed to cover tattoos. they stated that in order for me to work more closely with the public it needed to be cover. The tattoo that they had asked me to cover was a set of flowers, yet they were not concerned with the 3 skulls that were also visable. Since the purchase of the cosmetic they havent fullfilled in letting me work closer with the public, have cut my hours and even sent me home earlie.
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1 ANSWER

Business Law Attorney serving Bala Cynwyd, PA at The Ezold Law Firm, P.C.
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Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you.  Therefore, my discussion below is not a legal opinion but is informational only.  Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified. That being said, unless you have an employment contract or collective bargaining agreement that states otherwise, Pennsylvania follows the rule of "at-will" employment.  This means that your employer can terminate your employment for any reason or no reason at all and/or you can terminate your employment for any reason or no reason at all.  It also means that your employer can change your work schedule and assignments as it sees fit.  As for your question about tattoos, simply having a tattoo does not place you into a protected class as the protected classes are race, color, national origin, religion, sex, disability, age, citizenship, genetic information , educational degree, use of service animal or relation to a disabled person.  Philadelphia also has additional classes.  If you feel you are being discriminated against for the reason of being a member of one of these classes, you should contact an employment attorney to discuss your matter.
Answered on May 22nd, 2012 at 10:23 AM

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