An Edmonton woman who says shes being discriminated against because she has 22 visible piercings is reigniting the debate about workplace dress codes.
Kendra Behringer, 24, complained that one prospective employer threw out her résumé in front of her, but lawyers believe her chances of establishing discrimination are slim to non-existent, while employment and image experts say businesses are entitled to set rules on how workers dress.
The [employer] is going to perhaps wonder, Will this person be able to conform to the rules that we have, or is this somebody who is more rebellious? said Diane Craig, president of Toronto-based image consultant company Corporate Class Inc.
Ms. Behringer has launched a campaign to make it illegal for employers to discriminate based on body modifications, something that would require an amendment to the Alberta Human Rights Act.
Her petition has amassed more than 200 signatures and shes looking for an MLA to put her case to the Alberta legislature, she told the Edmonton Journal.
While workplace dress codes have relaxed in the last two decades women no longer have to wear pantyhose under skirts, for instance tattoos and piercings are still considered a distraction, said Ms. Craig. Were socially visually oriented.
She give the example of a prospective employee whose LinkedIn profile picture shows him at the beach, while his bio claims he is professional.
If I dont see that in the picture, Im going to believe the picture, not what I read, Ms. Craig said.
Added Lauren Friese, founder of TalentEgg.ca, a career resource for students and recent graduates, some people think imposing a dress code is an infringement of person liberty.
Youre attacking who I am and the way that I express myself thing, but I dont think its about that at all, she said
Companies work hard to create a specific image and employees should be prepared to represent that, she said.
If youre the type of person who chooses to put an out there tattoo on your cheekbone, then maybe being an insurance agent isnt the right job for you.
Employment law experts predict Ms. Behringer wont have much success.
Companies can refuse to hire or fire non-unionized workers for any reason so long as its not connected to a human rights violation, said Blaine Donais, president and founder of the Workplace Fairness Institute.
Fairness is not a requirement and in fact employers can discriminate against people. What they cant do is discriminate on the basis of certain prohibited grounds.
All provincial governments have human rights laws that prohibit termination and discrimination on grounds such as race, sex, religion and marital status.
But asking workers to cover up tattoos or piercings is a reasonable limit on their freedom, he said, adding getting a tattoo or piercing is a choice.
Incidents involving unionized employees play out differently than non-union complaints because employers have to establish just cause for termination, said Mr. Donais.
If the employer can establish to an arbitrator that violating the dress code harms a business, they might be able to uphold the dress code requirement, he said.
While Mr. Donais can remember a time when men were prohibited from having long hair and there is a generational shift happening now, he believes there is a slim to none chance Ms. Behringers campaign will be successful.
