Barista Forced to Remove Nose Ring: What Should She Do?
A few weeks ago, we posted a story about a woman who lost her job for refusing to wear makeup. Yesterday, a reader commented on that story, asking for advice from the Unemploymentality community. Here’s what she had to say:
I have situation for anyone who wishes to comment. What about nose rings? My daughter (22yrs old) has been working for a small coffee business for almost a year and a half as a barista.
When she was hired, there were no uniforms and the atmosphere of the shop has always been been very laid back and comfortable. As an example, one day a week there is a ladies group that comes in for coffee and knitting. The area where the shop is located is a small fishing town where people come in wearing sandles, t-shirts, and shorts.
In the past two weeks they have come up with the ugliest smock & apron uniform known to man and have requested that she remove her nose ring. I have to admit I am not a fan of the nose ring but it was her decision to have it so I respect that and she had the nose ring when she was hired. It is not like it is hanging over the edge of her nostril. It is a very tasteful tiny round-tipped ring with a small white star on it. Looking at her face straight on you cannot even see it where she has it placed. The worse part for her is, the ring will have to be surgically removed because the hole has closed up so small she cannot get the ring out. She has really tried to remove it but it was the initial one when she got the piercing. Without thinking, she cleaned the hole but didn’t remove the ring because she didn’t want the hole to close up while waiting for it to heal. When she did try to remove it the hole had closed up to the point that the skin was going to tear in order to take it out.
They have asked her several times over the past three days if she has made an appointment with the doctor to get it removed. Is this legal?
Today there is a staff meeting with the boss and she is worried that they are going to fire her.
She loves the job and doesn’t want to quit and with the economy as it is, jobs are scarce. If they fire her under these conditions can she draw unemployment?
Thanks for any advice!
Yes, it’s legal. Nose-ring wearers are not a protected class, so it’s legal to discriminate against them.
She has a couple of options here:
1. Find a job that doesn’t ask her to do this.
2. Get the nose ring removed.
I always tell people that unless they’re starving, they should generally try to find jobs that are a good cultural fit for them. Trying to change who you are to suit a job usually doesn’t work. Only your daughter knows whether the nose ring is just a nose ring, or whether it’s something that communicates who she is.
On the flip side, the reality is that the nose ring is going to significantly narrow her choices in terms of jobs. A lot of people don’t like them. It sucks that people are judgmental about stuff like that, but at 22, she might as well learn that they are.
I gotta say…I live in Milwaukee, and a lot of people in coffee shops have nose rings. I’m a little surprised that a coffee shop would be that conservative, especially when they learned that she’d actually have to have it surgically removed. They seem like jerks to work for. I think I’d be looking for another job either way if I were her.
I agree with Kerry – here in Geneva, I was once involved in interviewing a candidate for a job with one of the local private banks. The candidate wore a nose ring – and although he was otherwise eminently qualified, he was told point-blank at the end of the interview that if he wants to work with the bank, he will have to make changes to his attire – and that included a more conservative haircut and a removal of the nose ring.
Of course, banks and coffee shops are two very different things – but this simply illustrates that employers are within their rights to demand that employees adhere to a specific code of appearance.
As a former union organizer, I have to agree with Kerry that the company can tell this Barista to remove her nose ring, unless she has a union contract which states otherwise. I’m assuming she, like virtually every other coffee worker isn’t represented. Sometimes, even without a contract, workers can push the company on their policies (such as the Starbucks Workers Union – http://www.starbucksunion.org/ – has been able to do around some issues in some locations).
Asking about her medical information however is crossing a line – I’m not sure if it’s a legal line, but it’s definitely a moral line. Her appointments with her doctor is none of their business.
Now, if she were to get fired, I would imagine she could have access to unemployment, but that depends on the state. I think it’s important to show that she did as asked. Make sure to keep a record of this all, in case it’s needed for unemployment.
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All that aside, if she has trouble getting the nose ring out, it’s probably a good idea to take it out and let her nose heal..
Good luck!
Will they allow her to put a very small band aid over the stud? I used to work for Starbucks, and they, too, have the same jewelry restrictions. What the manager use to allow was for the barista to put a small band aid over the stone – sized slightly larger than the stud. Hope it’s an option.
Another option is for her supporters to rally community members who frequent the coffee shop and want their young people employed to boycott it…money talks.
She should just take the nose ring out, grow up and help the customers. A nose ring gives the appearance of someone being dirty and insulent.