Employers Beware: Costumes Can Create a Halloween Nightmare in the Workplace
Steve Miller, Fisher Phillips, ChicagoIncidents of costumes sparking complaints and litigation aren’t just scary stories told around a campfire. The risks are real – and in the #MeToo era, they are more real than ever.Is celebrating Halloween in the workplace worth the risk it can create? While a lot of adults relish what feels like a one-day return to childhood, some grownups see the holiday as a nuisance.
Should your office celebrate?
If your workplace held a Halloween party last year, was it well attended? Did most employees wear costumes and participate in the revelry? Did the event strengthen relationships between employees?If not, it may be a better choice this year to let employees go home early so they can take their kids trick or treating or celebrate with friends. Such a simple, but generous, gesture would also help employees relieve stress and avoid potential conflict.
Inappropriate costumes and considerations in the #MeToo era
It’s no fun, but employees who — in spite of direction by the employer — appear for work wearing inappropriate costumes should be disciplined. If this happens, you may want to consider sending the employee home to change clothes before allowing him or her to return to work.Employees also sometimes use their costumes to make political or social statements. For example, an employee may dress as Supreme Court Justice Brett Kavanaugh holding a beer or a group of women may dress as handmaids to protest against sexual harassment and gender inequality. An employee may dress as President Trump. There are several potential hot button costumes. In light of the #MeToo movement, employers that hold Halloween parties may wish to issue guidelines directing employees to keep their costumes politically neutral.Provocative Halloween costumes, in conjunction with a relaxed Halloween party environment, can create a Halloween nightmare.Such costumes also may elicit sexual or gender-based jokes or comments that may be offensive to other employees in the office. Just like the typical day-to-day workplace environment, inappropriate comments may be used to support hostile work environment claims. However, unlike the typical environment, the presence of inappropriate costumes increases the likelihood that employees will feel more comfortable to make such comments. Should an employee make an inappropriate comment about another employee's costume, the employer should consider taking appropriate disciplinary action against the employee.
Encourage good taste and judgment
If an employer opts to allow employees to wear costumes or decides to hold an office Halloween party, a manager or supervisor should send an email or memorandum beforehand reminding employees that, while they are permitted to wear costumes, they must use good taste and judgment and remember that their work still comes first. Employers also should provide alternatives for employees who don’t want to participate and certainly shouldn’t require employees to wear costumes or create an environment where employees feel like their standing at work is in jeopardy if they don’t participate.As long as employers evaluate what is best for their workplace culture and set parameters accordingly, Halloween celebrations should not only be harmless, but a helpful way for employers to inject some levity in the workplace during these heady times.
About the Author: Steve Miller is the managing partner of the Chicago office of Fisher Phillips, a national labor and employment law firm that represents employers. His practice involves representing management in all areas of labor and employment law, including employment discrimination, employment contracts, employment law compliance and traditional labor law. He can be reached at smiller@fisherphillips.com.
