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-- discrimination against people with piercings
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Posted by Zoso on Feb-09-2007 18:30:

Posters above are correct. Title VII of the Civil Rights Act (CRA) and as amended in 1991 provide protection against discrimination based on: race, religion, sex (gender), national origin, and color. Also throw in other various acts (Age Discrimination in Employment Act), and you can add age and veteran status to the list of "protected classes". The laws prohibit both disparate treatment and disparate impact. The former meaning you can't just single out one person and say, "Sorry, we don't hire you because we don't hire blacks here" (for example). The latter meaning you can't have a hiring practice that on the face appears to NOT discriminate, but does in fact result in a disparate impact on a protected class (see Griggs vs. Duke Power). For example, if you require a high school diploma for a class of jobs, you might end up discriminating against a protected class thus creating a disparate impact against that class. In other words, be damned sure that a requirement is absolutely necessary.

So, unless you could somehow prove that the practice of requiring employees to remove piercings creates a disparate impact against an entire protected class (race, religion, sex, color, national origin, age, veteran status, disability), you'd be fucked.


Posted by denys envy on Feb-09-2007 18:34:

quote:
Originally posted by priscilla
Do you work at McDonald's or something?? I work for a large Corporation and I have my nose pierced and tattoos. They are cool with it!


who me?... i might as well, my current job isn't much better. but at least i get to browse TA, McD's wouldn't offer such "benefits".


Posted by eckmek on Feb-10-2007 00:44:

quote:
Originally posted by idoru
If they wear it for religious purposes, the employer cannot tell them to remove it.


Why not? The employer isn't telling them to remove it because of religion.

We had a case concerning this exact matter here couple years ago. A company has a certain policy, it's employees don't get to wear anything on their head...a muslim young woman wanted to wear her scarf on her head...but they said she couldn't...she sued the company. Of course she lost. Because the employer wasn't telling her to remove her scarf because of religion, it was just simply their policy. A company can have a policy if it wants, no?


Posted by zack3082 on Feb-10-2007 04:21:

my ears are stretched, if and when i do have to take my plugs out people at work just want to put their fingers in my holes.


Posted by Frenchie on Feb-10-2007 04:24:

quote:
Originally posted by eckmek
Why not? The employer isn't telling them to remove it because of religion.

We had a case concerning this exact matter here couple years ago. A company has a certain policy, it's employees don't get to wear anything on their head...a muslim young woman wanted to wear her scarf on her head...but they said she couldn't...she sued the company. Of course she lost. Because the employer wasn't telling her to remove her scarf because of religion, it was just simply their policy. A company can have a policy if it wants, no?


Yes, the company has the right to tell their employers that you're right. That was a dumb move trying to sure the company.

quote:
Originally posted by zack3082
my ears are stretched, if and when i do have to take my plugs out people at work just want to put their fingers in my holes.


lol, I can see that happening.


Posted by neo geo on Feb-10-2007 04:47:

thanks for finally having some intelligent comments on the matter.


Posted by SuspicionVandit on Feb-10-2007 05:31:

quote:
Originally posted by neo geo
thanks for finally having some intelligent comments on the matter.



because they don't disagree with your values on the universe?


Posted by Frenchie on Feb-10-2007 05:33:

quote:
Originally posted by SuspicionVandit
because they don't disagree with your values on the universe?


Yes because my calling him out along with my well intelligent comments made him mad. Awww muffin!


Posted by eckmek on Feb-10-2007 12:13:

quote:
Originally posted by Frenchie
Yes, the company has the right to tell their employers that you're right. That was a dumb move trying to sure the company.


I don't understand your comment. Can you explain it plz?

Edit: I think i maaaybe understand it but i'm not sure


Posted by priscilla on Feb-10-2007 21:19:

When did Jesus say no piercings??? Did someone talk to him personally???


Posted by Lilith on Feb-10-2007 21:24:

quote:
Originally posted by priscilla
When did Jesus say no piercings??? Did someone talk to him personally???


Probably at the point someone walked up with 3 or 4 really big nails he might have had 2nd thoughts.


Posted by Frenchie on Feb-10-2007 21:24:

quote:
Originally posted by eckmek
I don't understand your comment. Can you explain it plz?

Edit: I think i maaaybe understand it but i'm not sure


The employer has the right to tell the employee that they're not allowed to wear certain pieces of clothing.

quote:
Yes, the company has the right to tell their employers that, you're right. That was a dumb move trying to sue the company.


I had typos and grammar haxs!! LOL. No wonder.


Posted by Allied Nations on Feb-10-2007 21:32:

quote:
Originally posted by zack3082
my ears are stretched, if and when i do have to take my plugs out people at work just want to put their fingers in my holes.


that's disgusting


Posted by Lilith on Feb-10-2007 22:26:

So you want to be a freak and hold down a job?
Most of the people who know me at work, know I'm a complete weirdo outside of working hours but its only after a long association and relationship with them that you should decide to reveal your true colours.
However prior to that you should do several things before getting there.

Prior to an interview at a place, scope it out and check what other people are wearing and doing and get a feel for it. If its any kind of public service industry, dont expect any leniency in the uniform codes, office jobs you might be able to get away with a bit more.

New employees and people on the bottom rungs are not highly valued, they havent proved their merit on the job and as such have very little say in terms of influence on the people above you. The more value you have with the company over time, the more you can get away with.

Know your job, if you don't know what youre doing on the job as well as someone else then don't expect any special treatment, if you do your job twice as well as anyone else there may be room to get away with a little more but it really comes down to a half-measure between your co-workers and yourself. They may only be prepared to accept a bit of you and visversa, it's called comprimise, learn to live with them and they'll learn to live with you.

Know the boundaries of tolerance in your workplace for your job and DO NOT cross them. If in doubt, speak to the HR department who will put it too you in no uncertain terms what you can and cannot wear to work, this isnt a democracy kids. Technically shaving my head would probably be within my rights as an employee, but it might just mean that they'll find some other reason to sack me. Likewise, me running around with the 3ft long dreads like I had when I worked from home is probably also allowed, but it crosses the boundary of tolerance with most of the general public and my coworkers.


Lastly, this isnt school anymore where youre just expected to turn up.
Youre expected to turn up, not piss anyone off and do your damn job, if youre incapable of that, then you will not last long in any kind of occupation. You will never change anything from the bottom, entry level positions, once you climb the ladder though things will get easier and people will adapt to comprimise for you.
But essentially its just an outward appearance, it really doesnt mean anything if the person underneath it all has no substance.
Sticking a stud in yourself doesnt make you alternative
It doesnt mean youre special
Wearing sub-culture clothing doesnt mean youre different either

In fact, most of that kind of stuff is so cliche it's become the norm in larger parts of society and culture, if it isnt part of the work culture you are in, then it will not be accepted in so much as in your particular bit of the world, you don't really accept them for what they are either from an outside appearance.


Posted by eckmek on Feb-11-2007 17:34:

quote:
Originally posted by Frenchie
The employer has the right to tell the employee that they're not allowed to wear certain pieces of clothing.



I had typos and grammar haxs!! LOL. No wonder.


Ah ok


Posted by nikhil chinapa on Feb-11-2007 20:44:

quote:
:
Originally posted by zack3082
my ears are stretched, if and when i do have to take my plugs out people at work just want to put their fingers in my holes.

quote:
Originally posted by Allied Nations
that's disgusting


Only if they swung from one ear to the other like Tarzan.


Posted by eXo on Feb-11-2007 21:36:

Re: discrimination against people with piercings

quote:
Originally posted by neo geo
Does anyone here agree with me that its discrimination for jobs not to let people have piercings. If they are from india they are allowed to wear nose rings because of their culture, but we can not. WHY? I was once told i could not come into a resturant, which was very high class, because of my eyebrow ring. Later after calling their home office and telling them about this i was treated to a free meal. I just think it's wrong that jobs tell you that you can not wear body jewelry. If anyone here is into body jewelry and believes in thier right to be pierced then check out this site.. Bodymattersgold.com


If you're peirced to hell, and try and get a job as a bank teller, and get refused, I don't see any problem with that.

Do you think grandma wants to meet Mr. Metalface at the bank to deposit her retirement money? Hellz no. Go work at a bar, or Hot Topic.

hahahahahaha


Posted by Orbax on Feb-11-2007 21:50:

quote:
Originally posted by priscilla
When did Jesus say no piercings??? Did someone talk to him personally???


that second line doesnt really logically follow the first :\


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