Durban - Tattoos are an individual’s way of showcasing their personality. They are also symbols of religious and spiritual devotion, decorations for bravery, a way to capture memories, and pledges of love.
However, those with tattoos still face discrimination when it comes to certain professions.
As the Police Minister Bheki Cele announced the recruitment of 10 000 additional police officers in July, he took a shot at people with these types of body markings.
“When you have a tattoo, we don’t hire you because you have a tendency of being a gangster,” said Cele.
The minister’s comments sparked a backlash, with him being accused of having an “old-school mindset”.
Among others, Ivan Meyer, the Western Cape Minister of Agriculture, tweeted that he distanced himself from Cele’s sentiments.
“It is ridiculous. What did he smoke to make such remarks? I have more respect for people with tattoos than for this ”malkop“ (nonsensical) Minister of Crime,” posted Meyer.
According to Hugo Pienaar, director in the employment law practise at Cliffe Dekker Hofmeyr, discrimination based on one’s appearance is an ever-changing area of law that impacts employees and potential candidates worldwide.
“Tattoos have traditionally been associated with fringe personalities who don them as a way of signifying their outsider status and rejection of mainstream society. With the exception of offensive tattoos that are, for example, racist or sexist, tattoos in modern times have become more common and accepted in society,” said Pienaar.
He said tattoos and piercings are commonly dealt with in an employer’s dress code and grooming standards.
However, the legal expert believes the recent increase in litigation in other jurisdictions coupled with the public outcry to Cele’s comments warrants a focus on discrimination on the basis of tattoos.
“South Africa does not have any express provisions in section 9(3) of the Constitution or section 6(1) of the Employment Equity Act 55 of 1998 prohibiting appearance based on tattoo discrimination.
“As such, employees will need to base their claims on a listed ground. Thus, to succeed, an employee would have to argue that personal appearance should be protected under freedom of expression or personal dignity.”
For Thapelo Mkhwanazi, a 29-year-old accountant from Durban, tattoos are still a sensitive matter in the workplace. Mkhwanazi has them covering his arms and neck, making them difficult to hide in the office.
“I was not explicitly told to cover them, but it was heavily implied. As a result, I mostly wear polo-necks sweaters and shirts, even though we don’t have a formal dress code in place. I am nervous about what I will do if I have to look for another job in the near future,” he said.
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