Although warnings about Halloween costumes at work aren’t as common as the warnings about office holiday parties, what originally starts out as amusing can quickly turn into awkward or offensive. If someone is offended when a coworker shows up at work in an inappropriate costume, you can reduce the employment-related problems if you handle the employee’s concerns in a respectful manner.
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Set Guidelines for Halloween Costumes in the Workplace
This year, October 31 falls on a Wednesday. You should decide ahead of time whether you will permit employees to wear Halloween costumes to work and communicate your decision to them. If you decide to give dressing up the OK, you should set appropriate guidelines. At a minimum, remind employees not to wear costumes that may violate your company’s policy against harassment and discrimination or that could be interpreted as offensive based on any protected characteristic, including race, religion, national origin, ancestry, disability, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
Some costumes may be offensive and inappropriate based on protected characteristics, giving rise to claims of sexual harassment or harassment based on gender, gender identity, or sexual orientation. In addition, concerns about a lack of sensitivity may arise if an employee wears a costume unique to a particular race, ethnicity, or national origin. Religious costumes may also be offensive to some employees. Similarly, politically inspired costumes are generally lightning rods for workplace issues and arguments between coworkers. An employee acting “in character” should be mindful that his actions and comments may be offensive if they are based on a stereotype.
Also, just because something is trending in the news doesn’t mean it’s a good idea as a Halloween costume. A few years back, news of domestic violence perpetrated by male athletes dominated the headlines, and some people dressed up as athletes and carried female blow-up dolls with black eyes. Costumes with such themes are wholly inappropriate under any circumstances, but particularly in the workplace. Advise your employees to think carefully about whether a costume may be considered offensive to others with different backgrounds and perspectives.
Your Response Can Make or Break the Situation
Although a costume or a comment may be the initial incident that gives rise to a conflict, how you handle the conflict can either defuse the situation or amplify it. You must acknowledge and give legitimacy to any concerns raised by an employee. Dismissing an employee’s perspective outright rather than acknowledging it can lead to hurt feelings and a sense that the employee’s concerns were not taken seriously.
Even if an employee’s comment or action wouldn’t violate your company’s policy against harassment, be aware that some folks might find it offensive. Often, exercising good judgment and understanding others’ perspectives can save you from unintentionally offending someone.
Bottom Line
Communication is the key. Starting a dialogue, sooner rather than later, may prevent thorny situations from arising. Sensitivity may also make for a more inclusive working environment in general, not just around Halloween. If you decide to allow employees to wear Halloween costumes to work, make sure you provide clear guidelines on what’s appropriate. Notify employees that if they have any doubt about whether a costume is appropriate, they should either ask HR or simply not wear it. Make it known that they may be asked to go home and change into appropriate attire if the company determines that a costume isn’t appropriate.
The safest route? You can avoid any and all complications by notifying employees that Halloween costumes aren’t permitted in the workplace and that they are expected to simply abide by your company dress code on Halloween. You could still celebrate Halloween at work by having treats and decorations without any costumes.
Michelle Lee Flores is a partner in the labor and employment practice group of Akerman LLP in Los Angeles and contributor to California Employment Law Letter. She may be contacted at michelle.flores@akerman.com.