For tomororrow 2 PM East Coast Time

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I. Targeting Tattoos

You are a police chief in a medium-sized city and have just received information from a captain that one of your officers, Newton, has recently had a swastika tattooed on one arm and a naked woman on the other. The captain says that both tattoos are visible in the summer uniform and, as news is spreading about these adornments, an increasing number of officers are becoming offended and some are even saying that they will refuse to respond to any calls for service with Newton. Based on this information, you believe that the tattoo may violate the city’s policy against workplace harassment and quickly call Newton into your office. He admits having the tattoos but rather sarcastically states that he has a “liberty” interest under the Fourteenth Amendment and a right to “expression” under the First Amendment. He adds that for you to try to control such activity would constitute a “hostile” work environment. You know that there is currently no policy that prohibits the displaying of any tattoos, let alone any that are offensive.

Questions for Discussion

1.

Can you take any action in response to the complaint?

2.

Do you have the right to reasonably regulate the appearance of employees and require a professional appearance?

3.

If you implement a policy against such tattoos, does the rule impermissibly discriminate against Newton?

4.

Can you use to advantage any U.S. Supreme Court decisions in response to this matter?