Halloween at work: Don’t get BOOed by your employees!

by FordHarrison
Contact

Halloween can be such a fun holiday for kids of all ages. When October 31st falls on a weekday, as it does this year, ghoulish fun will certainly creep its way into the workplace. How can you, as a human resources professional, ensure that the day is more fun than it is scary? Simple. Just follow a few rules.

1: Make any Halloween office festivities totally voluntary

As you know, Title VII of the Civil Rights Act of 1964 protects employees from religious discrimination in the workplace. Even though most people would consider Halloween in 2017 to be largely a secular holiday, it does have religious roots. Be considerate of employees who do not wish to participate in dressing up in costumes or attending Halloween-themed workplace parties. The employee may have a religious reason for not wanting to observe Halloween, and the employee has no obligation to notify the company of his or her rationale for not wanting to participate. Keeping the festivities 100% optional will help prevent any such issues. (As an aside, keep in mind that one or more of your employees may request, as a religious accommodation, to miss work that day, as it is a recognized Wiccan holiday.)

2: Ensure that any Halloween costumes are appropriate for the workplace

As Lili Reinhart recently found out, not all Halloween costumes are created equally. The actress, who stars on the “Riverdale” series (on the CW), tweeted a picture of her planned Halloween costume, which was an all-black demon. The backlash on social media was swift and unequivocal, as the costume appeared to include blackface. Reinhart apologized immediately, stating that she could “see how it was interpreted as being insensitive, completely.”

Other celebrities have also caused debate in recent years, including singer Chris Brown who dressed up as a Taliban member, and Prince Harry, who dressed up as a member of the Nazi party. Such costumes, of course, in the workplace could lead to claims for unlawful harassment. Simply put, be sure that employees understand that all costumes must be workplace appropriate and that the costumes do not stereotype any religion, national origin, gender or race in a negative light.

In addition, employees should be reminded that any costumes should not be too revealing or provocative, and should not contain any type of weapon as an accessory. Finally, costumes should be safe: if the employee works in a job around heavy machinery or where chemicals from a costume could become flammable, then the safety risks outweigh the benefit of fun, and the employer should not allow the costume. When in doubt, ask the employee to go home and change.

3: Be mindful of the professional setting if you plan to allow children to visit the workplace on Halloween

Many employers allow the children of employees, and sometimes even children of customers and suppliers, to visit the workplace after school hours on Halloween and trick-or-treat down the hallways. Although such events can be morale-building and lead to employee bonding, they can also present unintended problems. As a practical matter, be sure that you have communicated this event to all employees and remind them several times prior to the day, so that large or important meetings are scheduled at other times. As cute as the kids in costume are, you do not want to frustrate an important customer or client who needs to be in your offices that afternoon for an important meeting.

Further, if a nonexempt employee needs to leave work to pick up his or her children to attend the event, be sure that you have communicated to the employee whether he or she must use PTO time for this voluntary activity, whether it will be allowed while on-the-clock, etc. Communication prior to the event is important.

With the above in mind, you can ensure that any Halloween-related festivities at your workplace are safe and fun (and uneventful from a human resources perspective!).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© FordHarrison | Attorney Advertising

Written by:

FordHarrison
Contact
more
less

FordHarrison on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.