Question About Hiring

[Steiny77]

Say a business is looking to hire a customer service rep of some type and two candidates meet the qualifications.
One is an average normal looking individual and the other is covered in tats, piercings and has freaky colored hair.
Would it be considered discrimination if you hired the normal looking individual because you felt the others appearance could alienate some customers?

Race, religion and sex are obvious items you can't discriminate against. What about self imposed appearance modifications?

 

[rjthehunter]

I think if you've gotten to the point where both candidates meet the qualifications, I think you can pick who you want to...

 

[Gellar]

We were in the same situation last Spring. We had a candidate who was very highly qualified, aced the interview, checked out with references that I didn't know and with several people that were not on her reference list, but I personally knew and they knew the candidate. She has a nose ring and visible tattoos on her arms and had purple highlights in her hair. The same thought crossed my mind, but in the end I hired her. She is a terrific fit for us, goes above and beyond her role and my only fear is that I will lose her to another organization as she climbs the ladder. I have never had anyone complain about her tattoos, which she has added onto since working here, and quite frankly if someone did complain those are not the type of person I want to do business with so I don't care.

 

[JohnCushman]

I have full sleeve tattoos, as well as others, and it didn't stop me from being a damned good Army medic or civilian EMT.

 

[mtmuley]

Tattoos and piercings aren't the big deal they used to be. I don't personally have any but know lots of great people that do. mtmuley

 

[Nick87]

Tattoos and piercings aren't the big deal they used to be. I don't personally have any but know lots of great people that do. mtmuley

I think your in the minority now if you don't have the above.

 

[Fire_9]

I would hire the best candidate regardless of appearance. What type of business is it?

 

[Straight Arrow]

Tattoos and piercings aren't the big deal they used to be.

That's so true. After years ago when my Montana Guard unit ran the old prison in Deer Lodge during the state employee strike, eveytime seeing a tatoo I thought, "That guy must have served some time in the state lockup!" Now it's more of a normal fashion statement ... permanent jewelry or skin adornment.

Would it be considered discrimination if you hired the normal looking individual because you felt the others appearance could alienate some customers?

Back to the original question: No it wouldn't unless you attributed that appearance to the person's age, sex, ethnicity, religion, or disability unrelated to the job.

 

[Jamen]

You never truly know who to hire unit they start working. You just need to know when to fire. But back to the original question, I would not use that as a basis to not hire someone. As stated above tattoos, piercings, hair color are a lot of the norm now.

 

[Steiny77]

Back to the original question: No it wouldn't unless you attributed that appearance to the person's age, sex, ethnicity, religion, or disability unrelated to the job.

Thanks all.
This is really what I was getting at ... is this a legit claim for a discrimination claim?

 

[Visiting Hunter]

It's widly accepted now to have them. I only have 1 visible at the moment. But I have a few scattered around me. My wife works for the state of montana and it's allowed shes close to a half sleeve. Just no vulgar tattoos is their requirement. Her boss has sleeves. I don't think it's the 90s anymore. everyone isnt a felon who has them. I remember my uncle getting one mid 90s and my grandmother about ripped his skin off.

Tell them both 30 days let's see who's better then fire the slacker.

 

[Visiting Hunter]

It's not discrimination by hiring what personality is going to mesh better with the company. I don't know if it would be or not. But you end up hiring the candidate that fits your business better. I doubt there would be a claim. I remember it used to be a valid reason for not getting a job. I dunno if that line has skewed since but there used to be several adds that would say no piercings or tattoos visible etc...

 

[Mallardsx2]

What is the image of your company and clientele?

Go from there.

 

[MtnElk]

If you took their appearance out of it, what does your gut say through the course of interviewing?
What do their references say about them?

 

[Dakotakid]

Actionable discrimination requires a protected class.

 

[brymoore]

What is the image of your company and clientele?

Go from there.

I agree. I don’t have anything against tattoos but sometimes visible tattoos or nose rings aren’t industry appropriate for the customer type.

I work with people who have arm sleeves but they’re covered by dress shirts. I’d be interesting to see the response should they meet a customer wearing short sleeves.

I saw a potentially good employee fired day one for having a nose ring. She didn’t wear it to the interviews but showed up with it day one. She was politely asked to remove it while working, refused and was escorted out the door. It was a receptionist type position.

 

[Sasquatchewan]

I'm pretty covered, including visible tattoos when I'm in business attire.

I'm also a Canadian Army Sergeant Major who was just hired in a senior management role starting this summer. My tattoos have never stopped me from being professional and competent.

 

[Nick87]

Alright am I the only one who can't stand the nose rings? I'm not talking about from hiring perspective here but from a personal preference I swear you can take a 10 and make her a 2 instantly by putting in a bull ring in the nose. Other tattoos and piercings don't really matter one way or another to me.

 

[Trial153]

Personally I don’t feel it should be part of the hiring equation

 

[brymoore]

Alright am I the only one who can't stand the nose rings? I'm not talking about from hiring perspective here but from a personal preference I swear you can take a 10 and make her a 2 instantly by putting in a bull ring in the nose. Other tattoos and piercings don't really matter one way or another to me.

Everytime I see a nose ring I remember as a child my grandfather putting a 2k pound Holstein bull on his knees twisting a nose ring. Bull was blowing hell fire but listening to my grandfather.

I don’t think the people wearing nose rings understand the security risk for a little bit of ugly fashion.