In an article in the March 21 – April 3 issue of the New Hampshire Business Review, attorney Beth Deragon notes that “the answer is not as clearly drawn as an employer might like.”

After creating and analyzing a hypothetical scenario, Deragon cautions that any company policy must be flexible enough so that it does not create potential liability by being discriminatory on the basis of sex, religion, or a “cultural theme . . . , such as tattoos worn by Asian or Pacific Islanders who use tattoos to show their ‘coming of age’ or familial representation.”