What can I do about my employer discriminating against me?
I guess I will start by explaining my story. I would basically like to know what you would do in this situation, are there any legal steps I can take against them? Please let me know. January of 2008 I applied and was hired for an agent position with West Corporation (a telecommunication company thats "services include processing of customer initiated contacts, automated voice response services and direct marketing services, over the telephone and Internet." on the Bank of America line group (there are several different client based groups throughout the building.) Anyways, I was hired and have been working on this line group processing credit card and loan requests over the phone for 9 months. When I got the job initially I asked my interviewer, a woman in HR, and my trainer if it was against company policies to wear my piercings at work (I have my lip pierced twice and my nose twice). All of them said it was not a problem as this was not a job where I would be seeing the customer. In my entire 9 months of employment not one supervisor, manager, employee or CEO has said a word to me about my piercings. I have shook hands with Don Lawson who is the site director and he never said anything. Well last week I applied for a new line group within west corporation working on the PAL line group as an aide for at home agents. I had my interview last thursday with the operations supervisor for the line group. I was hired that day and Friday I had orientation. Both of those days John (the operations supervisor) never said a word about my piercings. I started training on Monday at 10am I worked monday, tuesday, wednesday and thursday…nothing was said. Friday I come in and John informs me that there is a West policy that states employees are allowed one discreet facial piercing. I asked him to show me this policy as I didn’t believe it seeing as I have been working there 9 months. Sure enough there is a policy on the employee website but I could not find it in the actual policy manual. Anyways to make a long story short I think it is awful that they are giving me an ultimatum of either loosing my job or taking out my piercings. It is my cultural belief that one should be able to do as they please with there bodies and I feel as if I am being singled out and discriminated against. All the other line groups have plenty of people with piercings. Is this discrimination? Am I being singled out? Is there anything I can do about it or what would you do in my situation. I have bills to pay and I am scared of loosing my job but I need to decide what I am going to do monday morning when I arrive at training. I just dont know if I can take my piercings out and feel like I’m not letting someone walk all over me and not standing up for my beliefs. Any suggestions would be appreciated.
Also, I realize due to social stigmas that to some people a piercing may be seen as nothing more than a fashion trend. Its like wearing a bracelet its just an accessory. Well to someone like me it is more than that. It is deeply rooted into my beliefs that one can do whatever they please with their own bodies. Noone else has the right to tell me I am less of a person or uncapable of performing above and beyone what the average employee could because I choose to pierce myself. I am really just looking for some insight. A similar experience maybe or a suggestion?
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6 comments
bdancer222 on February 12, 2010 at 3:55 am
You have the right to have as many face piercings as you want. However, your employer does not have to allow you to wear them at work. They don’t have to give you any reason either.
It is not discrimination. You can remove the piercing and keep the job or keep the piercings and go elsewhere.
ajsnskool on February 12, 2010 at 3:55 am
I hate to be the one to break this to you but MOST businesses don’t allow piercings (among other things, ie: alot of visible tattoos, etc). Knock yourself out and stand up for your beliefs, but realize that very few businesses will hire you, and those that do, won’t be paying all that much. You might have the right to do whatever you want to your body, but an employer has a right not to hire you/keep you employed at his/her business. Its called professionalism.
Judy on February 12, 2010 at 3:55 am
Discrimination is defined as being treated worse than others because you are a member of some legally protected class, like gender or race, or being over age 40. Piercings don’t qualify as "discrimination". They can fire you for having them, or (if you are in the US and not in Montana) for no reason at all - they don’t have to show you a line in the employee handbook that limits facial piercings. And gee, you said you found it on the website - what part of that don’t you understand?
Stand up for your beliefs if you feel that strongly, but you’ll be standing out on the street, and won’t be eligible for unemployment either if you are fired for deliberately violating company policy.
The fact that people in other line groups have multiple piercings does not mean that YOUR boss has to allow them. You could see if you could get hired into one of the other groups, or go back to your old group where they didn’t seem to care?.
george 2 on February 12, 2010 at 3:55 am
different job different set of rules.
Paul a on February 12, 2010 at 3:55 am
Are your beliefs stronger than your need for the money from the job?
If they are give up now and get another job, even taking your piercings out if necessary to keep this job till you get another.
Seems like you hit a brick wall with this employer or person - there are plenty of horrible employers out there.
What really counts is how you are going to press your point home. If it is racial or sexual discrimination you might have a chance of waiting months for an employment tribunal only to lose if it is in the staff handbook you signed for.
susanmarie on February 12, 2010 at 3:55 am
It is your right to have as many piercing as you want, and
It is their right to have limits on how much jewelry their employees wear.
They are not singling you out. HR makes updates to their employee handbooks all of the time. THere isn’t anything illegal about it.
Work is about work and your social life is about you. I strongly suggest that you remove your jewelry before you enter the workplace and put it back on as soon as you get in your car.