The Sala IV has delivered a verdict many find strange. In an unconstitutionality action against the Caja de Ande, it was determined that employers have the right to regulate the use of piercings and the need to cover up tattoos. The worker who filed the action said that her right to expression was infringed on. Only one judge agreed with her that this act was unconstitutional.
The Constitutional Chamber determined, by majority vote, that employers can order workers to cover tattoos during work hours, based on reasonable grounds, such as that the tattoo violates universal morality, good customs, or the image and values of the employer. This is very vague and leaves the decision about what is moral and good to be determined by each employer.
This is not the first time it was ruled that employers could regulate the appearance of workers. There was another case about bold hair dye colors.
There could be legal issues when the employee has tattoos that are hard to cover, such as on the face, hands, or neck. A person might lose their job over not being able to cover a tattoo. Certain tattoos or piercings could also be justified by someone’s cultural or religious beliefs, adding freedom of religion to the mix.
