Impact of NFL’s Potential New Policy on Tattoos

Bruce Feldman of CBS tweeted, “Spoke w longtime NFL personnel man who said in wake of Aaron Hernandez teams may use police experts to check prospects’ tattoos.” This generated a slew of questions from football fans and Americans in general. Is that legal? Is that fair? How would it be administered? Is this just for players or will front office staff be subject to this scrutiny?

Tattoos are mainstream in the sports world and in America in general. Stats online are slippery and vary based on age range, but it is estimated that one-fourth of working age adults have ink. The acceptance and, in some cases, passion for ink suggest that the fans would not approve of tattoo inspections or restrictions. Not to mention the perception that some of America’s sports heroes would be treated like street criminals because of one incident.

Is it legal? It may be an unpopular decision and a bad PR move, but U.S. law covers discrimination on the basis of race, religion, age, nationality, and gender. Having tattoos does not make a candidate a part of a protected class. If a company has an established employee dress code policy that prohibits visible tattoos, it is valid to make that a condition of employment for employees if administered properly.  However, is it alright for an employer to attempt to discern between what is perceived as a gang-related tattoo and another design? That may be the question of the moment.

How can it be practically and legally administered? Picture this: Hundreds of prospective NFL players being inspected head to toe by experts. Who is the arbiter as to the art and meaning of each tat? Talk about invasion of privacy! What about free speech? The ACLU and players’ unions would surely step in on this issue.

Where does this end? An annual survey from the Center for Professional Excellence at York College of Pennsylvania stated that 61% of HR managers responded that a tattoo would reduce a job applicant’s chances of hire. This is surprising, considering that tattoos are increasing in popularity. If the NFL takes the stance of inspecting new players’ bodies, will employers in other industries follow their lead? 

It seems that there are as many unanswered questions as there are answers on this topic. Hopefully, at the end of the day, cooler and more reasonable minds will prevail. When the shock and disgust of the Aaron Hernandez case diminishes and the case unfolds, it is likely that the NFL will present better ways to identify and handle employees with issues.