Tattoos have become increasingly common in California’s diverse workforce, often serving as personal expressions of identity, heritage, and beliefs. For some, tattoos are not merely decorative; they hold deep religious significance. As a result, this raises an important legal question: can an employer in California require you to cover a religious tattoo, or is it considered discrimination?
Under California’s robust workplace discrimination laws, religious tattoos can be protected, but the scope of that protection depends on several factors, including whether the tattoo is a genuine expression of religious belief – and whether accommodating it would impose an undue hardship on the employer.
Religious Protection Under California Law
In California, employees are protected from religious discrimination under the California Fair Employment and Housing Act (FEHA), found in California Government Code 12940–12951. FEHA makes it unlawful for an employer to discriminate against an employee because of their religious creed, observance, or practice.
Significantly, California Government Code § 12926 defines “religious creed” broadly to include “all aspects of religious belief, observance, and practice, including religious dress and grooming practices.” This definition can extend to visible body art, including tattoos, if they are a part of sincerely held religious beliefs. For example, tattoos depicting sacred symbols, scriptural passages, or markings associated with religious ceremonies or identity are all lawful instances of this rule.
Employer’s Duty to Accommodate Religious Tattoos
Under California Government Code 12940, employers must provide reasonable accommodations for an employee’s religious dress or grooming practices unless doing so would cause an undue hardship. If your tattoo is part of your religious practice, your employer is generally required to accommodate it unless they can prove that doing so would create significant difficulty or expense.
Accommodations might include permitting an employee to wear short sleeves instead of covering their tattoo, modifying uniform requirements, or adjusting client-facing assignments if the tattoo conflicts with specific business presentation standards.
What Counts as a Sincerely Held Religious Belief?
For a tattoo to be protected as a religious practice, it must be linked to a sincerely held religious belief, not just a personal or philosophical preference. The law doesn’t require the belief to be part of an organized religion, but personal religious convictions can qualify.
For example, a Polynesian tattoo representing spiritual ancestry and cultural-religious heritage may be protected, or a tattoo of a cross, scripture, or other symbol tied to Christian, Islamic, Hindu, or other faith-based practices could also be covered. However, if an employer unjustly restricts a religious tattoo, it is recommended to try and get a better understanding of the company’s policies and try to resolve the issue internally.
When Employers Can Restrict Displaying Religious Tattoos
Although FEHA offers strong protections, there are circumstances where employers may legally limit the display of tattoos if accommodating them would cause undue hardship. Examples include:
- Safety concerns – If covering the tattoo is necessary to comply with health or safety standards, like in certain manufacturing or medical environments.
- Client relationships – In rare cases, if the tattoo’s display would have a demonstrable negative impact on essential business relationships, though courts could scrutinize such claims closely.
- Uniform or dress code compliance – If the employer can show a legitimate, nondiscriminatory reason for the policy that cannot be modified without a significant burden.
It’s worth noting that “undue hardship” is a high standard under California law and requires more than minor inconvenience.
What To Do If Your Employer Discriminates Against Your Religious Tattoo
If you believe your employer is unfairly requiring you to cover or remove a religious tattoo, you can:
- Request a Religious Accommodation in Writing – Clearly state that your tattoo is part of your sincerely held religious beliefs.
- Engage in the Interactive Process – Under FEHA, the employer must engage in a good-faith discussion to find a reasonable accommodation.
- Document Everything – Keep records of communications, policy documents, and any disciplinary actions.
- File a Complaint – An employee could file a complaint with the company’s HR department in order to resolve the issue internally. This will also add crucial evidence should you file a claim.
- Consult an Employment Attorney – Legal counsel can evaluate your claim and, if necessary, help pursue damages for discrimination or retaliation.
Lawyers for Justice, P.C. is Here to Help
Religious tattoos can be protected at work in California if they are tied to sincerely held religious beliefs, and employers are generally required to accommodate such expressions unless they can demonstrate that doing so would cause undue hardship. If your employer is unlawfully mistreating you because of your tattoos, you may be eligible to file an employment claim against them.
Lawyers for Justice, P.C. is a law firm with over 15 years of experience fighting for the rights of women and marginalized communities. The firm understands how disruptive and impactful workplace injustices can be, and as a result, they are committed to delivering justice and holding those responsible accountable for their actions.
Take the first step to reclaim your rights today by calling 818-JUSTICE or by filling out our online contact form for a free consultation!