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  1. #1
    Join Date
    Jun 2011
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    2

    Question Is it Legal to Refuse to Hire Somebody With Tattoos

    My question involves labor and employment law for the state of: Oklahoma.

    I am wondering is NOT hiring someone due to tattoos on the neck or the hands, a violations of their first amendemnt rights. Despite your views on tattoos, people have a right to express themselves in a non harmful manner. And because of one person having tattoos is not going to harm someone else. (I believe) So basically what does this violate by banning tattoos from the work place.

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Amendment Rights and Tattoos

    Although the 1st AM can bind a private entity at times, rare, such is not your facts, and of course we are speaking of expressive conduct here of the 1st, not a religious exemption for employment.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Amendment Rights and Tattoos

    If you're asking what a specific employer hopes to gain by banning visible tattoos, ask that employer.

    Unless your employer is a state actor, the First Amendment is largely irrelevant. There are exceptions - if your bona fide religious believes require you to have a tattoo on your face, for example, that could change things.

  4. #4
    Join Date
    Jun 2011
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    2

    Default Re: Amendment Rights and Tattoos

    Quote Quoting BOR
    View Post
    Although the 1st AM can bind a private entity at times, rare, such is not your facts, and of course we are speaking of expressive conduct here of the 1st, not a religious exemption for employment.
    yes but, in the case of Stromberg v. California (1931) the court determined that "symbolic speech" is protected under the constitution. And many tattoo "artist" can say their work is ART, which is under that case protected under the first amendment. tattoos are a form of paintings.

  5. #5
    Join Date
    Aug 2007
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    3,835

    Default Re: Amendment Rights and Tattoos

    Quote Quoting dbpw
    View Post
    yes but, in the case of Stromberg v. California (1931) the court determined that "symbolic speech" is protected under the constitution. And many tattoo "artist" can say their work is ART, which is under that case protected under the first amendment. tattoos are a form of paintings.
    Just to educate myself, I read the syllabus, and as expected, it dealt with the criminalization of an act protected by free speech, or here, my words, "expressive conduct".

    Yes, ALL portions of the 1st AM are applicable to the states now, this is no new legal revelation.

    Here though, we are dealing with Employment protection, not the criminalization of tatoos. Even if you were working for the govt., the 1st AM is not absolute in nature, and there is no such thing as total "expressive conduct/symbolic speech" in the workplace.

  6. #6
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Amendment Rights and Tattoos

    Nobody has said you can't have tats where ever you like. You have that right. Employers have rights too. I require all tats to be covered by clothing in my business because I have a lot of elderly clients and they react negatively to certain things. I have that right.

    Tell you what... try joining the Marine Corps with tats on your neck, face, forearms or hands and see what they tell you.

  7. #7

    Default Re: Amendment Rights and Tattoos

    Quote Quoting Bubba Jimmy
    View Post
    Nobody has said you can't have tats where ever you like. You have that right. Employers have rights too. I require all tats to be covered by clothing in my business because I have a lot of elderly clients and they react negatively to certain things. I have that right.

    Tell you what... try joining the Marine Corps with tats on your neck, face, forearms or hands and see what they tell you.
    Couldn't agree more.

  8. #8
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Amendment Rights and Tattoos

    You know what I always find interesting?

    People that go out of their way to illicit a specific response from people then being surprised when they receive that specific response.

    Kinda like King Midas... the thought of everyone thinking you were edgy and dangerous because of a facial tat was pretty cool... until you realized that edgy and dangerous also meant "unemployable".

    I put this in the same file as people that paint their cars neon green and then are surprised that cops notice bright colors, too.

  9. #9

    Default Re: Amendment Rights and Tattoos

    Quote Quoting cyjeff
    View Post
    You know what I always find interesting?

    People that go out of their way to illicit a specific response from people then being surprised when they receive that specific response.

    Kinda like King Midas... the thought of everyone thinking you were edgy and dangerous because of a facial tat was pretty cool... until you realized that edgy and dangerous also meant "unemployable".

    I put this in the same file as people that paint their cars neon green and then are surprised that cops notice bright colors, too.
    Or when some kid puts a big fart can on his honda civic and gets upset about being pulled over at night.

  10. #10
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Amendment Rights and Tattoos

    not in OK at least

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