- Reaction score
- 7,268
- Points
- 1,360
An Ontario arbitrator has decided an issue of increasing concern to employers everywhere – what can be done about tattoos and body piercings? The answer: not much, without objective evidence of an adverse effect on your business.
The Ottawa Hospital introduced a comprehensive dress code policy requiring, among other things, that employees cover up large tattoos and remove “visible, excessive” body piercings. The union grieved the dress code policy as an unreasonable infringement on employees’ right to express themselves through their appearance. The arbitrator agreed with the union and struck down the policy.
An employer rule imposed on a unionized workforce must be reasonable, clear, and consistently enforced. Rules concerning dress and appearance are generally reasonable where there is objective evidence of a legitimate business interest at stake. The arbitrator noted that in the context of a public health care provider, delivering the best possible health care was a legitimate business interest.
The union did not take issue with any dress code provision related to health and safety or sanitation provided that there was objective evidence to support the rule. In the case of tattoos and body piercings, the union maintained, there was simply no connection with health or safety concerns.
The hospital argued that tattoos and piercings could undermine a patient’s confidence in an employee’s professionalism, and that this perception generated stress which negatively impacted health care outcomes. The hospital, being unable to adduce any objective evidence to support this proposition, argued that the requirement for objective evidence was not appropriate in the hospital setting as being “pro-active” was an “all important element” of health care ....
Full article attached, link to Ottawa hospital decision here.

