Halloween is a lot of fun for both kids and adults. When else can we wear inappropriate costumes, gorge on unlimited candy, and create a Walking Dead display in our front yard? But when the spectral mist of Halloween creeps into the workplace, things can get really scary. Here are some real-life Halloween workplace mishaps that left employers haunted: 
- A retail store put up a notice encouraging employees to come to work in costume on Halloween. About half participated, while the other half showed up in their regular clothes. Donna Meraz was one of the employees who didn’t wear a costume, claiming it conflicted with her religious beliefs. Later that year when her work hours were reduced, Meraz sued the company, alleging she was retaliated against for her religious beliefs after refusing to work in costume on Halloween. The court gave the employer a treat, dismissing Meraz’s retaliation claim.
- An employee brought a retaliation claim against her employer alleging she was fired after complaining about a male supervisor who constantly made suggestive remarks about female employees. On one occasion, a woman wore a cat costume to work on Halloween, and the male supervisor allegedly said that he “liked her tail.” Unfortunately, the male supervisor got up to similar high jinks, and the court ordered the case to a jury.
- Several black and Hispanic employees who worked for a city parks department brought class action claims alleging race and national origin harassment. One piece of evidence included the fact that a white supervisor hung a noose in the office as part of an annual Halloween display. The supervisor kept the noose as part of the display even after a black employee complained. Even though that evidence was certainly scary, the employees couldn’t establish a classwide hostile work environment claim.
- In an apparent homage to “mean girls” everywhere, several female employees routinely harassed a female coworker about the size of her breasts. One Halloween, the employees came to work with their bras stuffed and wearing name tags identifying them as “Anne”—the target of their bullying. A male coworker later took photos of the female employees in sexual poses. The coworkers’ cauldron was spilled when a court allowed Anne’s sexual harassment claim to go to a jury.
These examples demonstrate why it’s sometimes best to leave the ghosts and goblins at home this time of year. Don’t fear the reaper, though. Following your regular HR policies and practices of requiring dignity and respect in the workplace—including on Halloween—should keep you out of the witch’s brew.
Teresa Shulda is an attorney with Foulston Siefkin LLP. She may be contacted at tshulda@foulston.com.