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Employers with
appearance codes face lawsuits from 'body modification'
activists
You run a
fashionable restaurant with a dress code for employees and
customers that discourages pierced tongues and noses.
You are a personnel
director at an upscale department store known for customer
service and refuse to hire women with prominent tattoos.
You supervise a
supermarket and require those with pierced body parts who handle
food to remove the piercings before reporting to work.
According to legal
experts in employment law, if you fit any of these categories,
you are setting yourself up for lawsuits from members of a new
activist lobby representing the ever-growing population of those
into "body modification."
"Employers are
getting involved in expensive legal battles as they attempt to
adapt to the ever-changing workforce," said David Barron, an
attorney with Epstein Becker Green Wickliff & Hall, P.C.
"Long-accepted rules are now being challenged and questioned in
court."
The firm cited one
of the nation's largest wholesale clubs that was recently sued
by a member of "the Church of Body Modification," who complained
that she should not be required to remove a facial piercing.
"The employer
required that all food handlers remove any such piercings for
both sanitation reasons and to reflect an appropriate appearance
for customers," said Barron. "This time, the company prevailed
in the action, but employers in a non-food handling workplace
might not be so lucky."
Laws prohibiting
discrimination based on appearance and behavior of this sort
already have been passed in several cities in California, and
restrictions against tattoos and piercing are breaking down all
over the country as the trend becomes a craze among young
people.
In fact, 49 percent
of Americans ages 18 to 29 have tattoos, according to a 2004
Harris Poll. A study recently published in the Journal of
American Academy of Dermatology indicated 24 percent of people
ages 18 to 50 have at least one tattoo. The study, based on a
survey of 500 people in the United States, noted tattoos in past
years "became associated with marginalized groups, signaling
time spent in jail, punk status, membership in a motorcycle gang
or a traveling circus." But now, it said, tattoos "have become
increasingly eclectic, and the practice has become mainstream."
There are even
children's books like "Mommy Has a Tattoo" and the "Tattoo
Coloring Book." The topic of tattoos and body piercing is one of
the hottest for campus speakers. Major corporations are working
the "hip" new trend into their TV commercials and ad campaigns.
And as tattoos and piercings become more common, some zealots
are moving to extremes once unthinkable.
Just as "Heather Has
Two Mommies" is now required reading for kindergartners in some
school districts, how long will it be before the tolerance
police mandate Phil Padwe's new books. He's the author and
illustrator of the two new children's books on tattoos.
In "Mommy Has a
Tattoo," a little boy, James, is afraid of a heavily tattooed
neighbor until he realizes his mother has one, too.
"I wanted to keep it
simple," says Padwe, who is not even sure how many tattoos he
has but figures it's somewhere between 25 and 30. "I didn't want
to get into really heavy questions or pass judgments. It's about
teaching tattoo tolerance."
Tattoos are the rage
even among young teen-agers. They are becoming so common that
many parents are allowing their children to make what are, in
effect, lifelong decisions about indelible, permanent "body
art."
Children both boys
and girls are staining their bodies with the permanent ink for
no better reason than "everybody is doing it" or "I thought the
picture was cool." It's not just an urban thing any more,
either.
Jon Smith, a senior
at Conneaut Lake High School in Meadville, Pa., has a
medium-sized tattoo of a wizard on his back. He got it last
March because he just "wanted one." Wizards have no particular
significance for Smith, who picked the image from a tattoo
parlor book full of various designs.
"I just liked the
wizard (picture)," Smith told the local paper. He had it placed
on his back with the idea of adding more tattoos later.
Lindsey Galbo, 16,
of Saegertown, Pa., not only got her parents permission to get a
red star tattooed on her upper back, she took her father
with her.
"When I got mine I
didn't get it for any particular reason," she said. "It was my
birthday. Something I can think back when I'm older my dad
took me to get my first tattoo."
Meanwhile, in
colleges across the country, student programming boards are
finding a big demand for tattoo artists to speak on campus. At
Mills College in Oakland, Calif., earlier this month, Don Ed
Hardy, an "internationally-acclaimed" tattoo artist, delivered a
speech to a large and appreciative audience.
The tattoo taboo is
definitely breaking down. One of the last states to outlaw
tattooing Oklahoma has repealed the prohibition effective
Nov. 1. In Illinois, a new law will end a prohibition on the
donation of blood by those who are tattooed or pierced.
"My clientele has
changed completely," said Mace Arnold, who owns Body Art in
Overland Park, Mo. "Now, everybody gets tattoos. Bankers,
lawyers, doctors, everybody."
Television shows are
helping to make the trend more popular. One is called "Miami
Ink" on TLC, the other is "Inked" on A&E.
"Every other person
who walks through the door asks if we watch those shows,"
explains Mike Paquette, owner of Aftershock Tattoo in Olathe,
Kan.
Madison Avenue is
catching on to what's hot, too. Jeep's advertising campaign for
the 2007 Wrangler will meld traditional and new media
including a hookup with the tattoo-parlor reality TV show "Miami
Ink."
"Wrangler will be
integrated" into the show, says Eileen Wunderlich, a Chrysler
group spokeswoman. A Wrangler Unlimited will be decorated by the
show's artists and appear in three episodes this fall, she says.
The partnership also
includes Jeep sponsorship of the show's podcast, a sweepstakes
and an online "Tattoo Your Own Wrangler" promotion. The
Wrangler's target buyer is 25 to 35 years old. The Unlimited's
target buyer is 30 to 40 years old.
But still some
recognize there are plenty of downsides to tattoos and piercings
messages they're not sure kids are hearing before making the
permanent decision.
Dr. Betty Ann Lowe,
an Arkansas pediatrician, past medical director of Arkansas
Children's Hospital in Little Rock and professor emeritus at the
University of Arkansas for Medical Sciences, points out a few of
the hazards:
Tattoos are
expensive and painful.
Removal is not
impossible, but it is expensive, painful and very time
consuming. It is certain that the skin will never be the same.
What is considered
"in" today may turn out to be embarrassing later.
Disease can be
transmitted through unclean needles.
Infection of the
skin under the tattoo can be severe and sometimes disfiguring.
"Body piercing is
not safe," she said. "Dermatologists object to all forms of body
piercing, with the exception of the ear lobes, and dentists
oppose oral piercing to the point of calling it a public health
hazard."
She says health
complications associated with body piercing include prolonged
bleeding, scarring, tetanus, abscesses, boils and chronic
infections such as halitosis (bad breath ) from tongue rings.
"Infection of
Hepatitis B and C also are a threat, with no effective cure,"
she adds. "Any time permanent holes are made in the lips, nose
and eyebrows, they are not easy to repair. Ear piercing of the
cartilage of the upper ear is frequently associated with
prolonged infection and occasionally permanent disfigurement.
Studs and rings can catch in clothes, and can cause large tears
in the skin, lip, tongue, etc."
She's not alone. In
Israel, where the tattoo phenomenon is less advanced, the
Knesset Labor, Social Affairs and Health Committee has set down
regulations that will force parlors to warn customers of the
dangers.
In 60 days, the new
regulations approved by the committee on Monday will require
piercing and tattoo parlors to post signs at the entrance with
warnings that these procedures are "not medically desirable.
They are liable to result in pain, infections, scars,
disruptions in body functioning and other medical problems such
as allergic reactions. They must not be performed on people who
suffer from chronic illness, especially those with heart valve
problems, and pregnant women."
A new study
conducted by U.S. researchers has shown that tattoos make skin
slightly less sensitive to touch, as the process through which
they are made may disrupt the nerve signals in the skin.
Todd Allen at the
University of Northern Colorado, Greeley, conducted an
experiment on 54 people, out of which 30 had tattoos. The skin
sensitivity was revealed using an aesthesiometer, a common
scientific device consisting of two adjacent plastic points that
can be moved further apart.
He tested
participants' reaction to the aesthesiometer on five body parts
the lower back, the back of the calf muscle, the inner
forearm, the tip of the index finger and a cheek.
Allen found that
there was no difference between the sensitivity of the unmarked
body parts of tattooed participants, and those of their "uninked"
counterparts but that the corresponding marked regions of the
tattooed subjects were less slightly sensitive to touch than the
tattoo-free areas.
In Boston this week,
a mother whose teenage daughter nearly died from an infection
caused by a bellybutton piercing was convicted of endangering
the girl's life by failing to seek medical attention until she
was gravely ill. Deborah Robinson, 39, could get up to five
years in prison.
The girl developed
an infection after piercing her own navel and inserting a ring.
Prosecutors said Robinson watched for several weeks as her
13-year-old daughter dropped from 115 pounds to 75 pounds,
became incontinent and grew so weak that she could not get off
the couch.
The girl suffered
extensive organ damage from an infection that ravaged her body.
For nearly a week, doctors were unsure whether she would
survive. But after a series of operations and weeks of
rehabilitation, she made a full recovery.
In Chicago, a
teenager reported to doctors that she felt stabbing pains in her
face like electrical shocks that lasted 10 to 30 seconds and
struck 20 to 30 times a day. Her doctors diagnosed trigeminal
neuralgia, a nerve disorder sometimes called "suicide disease"
because of the excruciating and dispiriting pain it causes.
All symptoms ceased
two days after the girl removed the metal stud from her pierced
tongue.
In the latest issue
of the Journal of the American Medical Association, the account
is used to illustrate the complications, some life-threatening,
linked to body piercing. Other problems include tetanus, heart
infections, brain abscess, chipped teeth and receding gums. One
woman developed so much scar tissue that it resembled what she
called a "second tongue."
The tongue is "a
particularly dangerous place to pierce" because it is rich in
blood vessels that can spread infection to major organs and
because it is near important nerves and the upper airway, said
Dr. Marcelo Galarza, a neurosurgeon at Villa Maria Cecilia
Hospital in Ravenna, Italy, who reported the case to the
journal.
Even the dangerous
tongue-piercing isn't cutting edge enough for some body
modification extremists.
Take Allen Falkner',
for example. His tongue is split down the middle, and when he
sticks it out, it looks like a two-pronged snake tongue.
Extreme body
modification features a wide range of alterations. Some people
get horns implanted on their heads. Some install magnets in
their hands. Others remold their ears to make them pointy.
For those who
already regret their earlier decisions to tattoo themselves,
there is some good news on the horizon.
A company called
Freedom 2 claims to have invented a tattoo dye removable in a
single laser treatment. And they say the ink is safer, made of
filler material used in cement by orthopedic surgeons and less
likely to cause allergic reaction. The laser destroys the tattoo
ink using much less energy than a conventional tattoo requires.
But tattoo critics
believe "less permanent" stains might make it even easier for
people to make the body modification choice. |