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Spooky Scenarios
Allowing employees to wear costumes to work should seem like an easy way to build camaraderie and express creativity, but there are some tricky risks involved. Proper planning and employee communication on what is and what is not appropriate are important.
Halloween is not just for children anymore. Over the last few years, the number of employers allowing employees to wear costumes to work in celebration of Halloween appears to be increasing and, in some cases, this has even been embraced by the general public. Such celebrations are not limited to any particular type of employee or industry, individuals working in the retail industry as well as attorneys appearing in court are regularly spotted in costume on Halloween. In short, this is a custom that does not appear to be leaving the workplace anytime soon. And it raises the obvious question -- why do employers allow employees to wear costumes to work on Halloween? Many allow employees to wear costumes as a "treat" and as a way to build camaraderie and teamwork among the employees, a way to relieve workplace stress, to provide a break from the daily routine and to allow employees to express their creativity. This is especially true given today's current economic climate, which has been a constant source of discussion and has cast a dark cloud over almost every workplace. But, permitting costumed employees carries risks. As employers are acutely aware, the economic downturn has sparked a rash of employment-related litigation. Accordingly, now more than ever, employers need to be sensitive about maintaining a positive work environment. In addition, some employees find Halloween offensive or unnecessary. Costumes that are sexually provocative, carry a political or social message, or are otherwise simply inappropriate for interacting with co-workers and customers, could lead to a liability nightmare for employers. For example, a "revealing" costume may prompt some employees to make "friendly" jokes or inappropriate comments to the employee in question about the costume. These jokes or comments may continue after the Halloween celebration and cause the employee discomfort -- potentially prompting a complaint of sexual harassment. The proper planning of a Halloween event and monitoring through the workday will help lessen any such risks. To that end, the following are some guidelines for managers and supervisors for any Halloween celebrations: * Decide if costumes are appropriate for the workplace. In addition to the question of whether allowing employees to wear costumes to work fits within the company "culture," costumes may create a safety hazard in some workplaces where machinery is used or raise sanitation concerns (such as in a restaurant kitchen).
* Clearly communicate costume guidelines in advance. If the company opts to allow employees to wear costumes or decides to hold an office Halloween party, a manager or supervisor should send an e-mail or memorandum beforehand reminding employees that, while they are permitted to wear costumes, they must use good taste and judgment. As the question of good taste is always open to interpretation, and as some employees may attempt to use Halloween as an excuse to dress in a manner that would never conform to most workplace dress codes, the company may want to provide some examples of inappropriate costumes for the workplace for both female and male employees. Some examples may include: the "naughty nurse," French maid, men dressed as women, "terrorists," ethnic-, religious- or race-based costumes, "strippers", "pimps or whores," revealing costumes, etc.
* Remind employees they are still at work. While employees are being allowed to wear a costume, they should be reminded they are still at work and are responsible for performing their job duties and acting in a professional manner. Remind employees that work rules are still applicable. This is especially true for employees that interact with the public.
* Don't overreact, but be sensitive to the issues. In this litigious era, employers need to be sensitive to workplace conditions that can facilitate claims of inappropriate conduct. Some costumes, while neutral on their face, carry the risk of being misinterpreted. For example, a costume of our current president or other political figures, can be undertaken with a "humorous" angle. However, such an attempt at humor may be misplaced or misunderstood, and may create a source of tension. Employers should be careful to observe employee reaction to such costumes.
* Rewind the clock to last Halloween. Think about any feedback the company received from employees or customers regarding last year's Halloween party or employee costumes. If the majority of the employees opted out of wearing a costume, perhaps the company should re-evaluate whether costumes are a fit for the company culture. If the Halloween party or day went smoothly and most employees participated, and indicated that they had a good time, it may be a positive celebration for the company and a way to boost employee morale.
* Offer alternative celebrations. Do not require employees to wear costumes. You also do not want to create an atmosphere in which employees feel pressured to wear a costume or feel uncomfortable if they do not. Employers should attempt to create a program that works for everyone. In the alternative, employers could host a costume-free potluck or luncheon where employees can still celebrate Halloween with something fun.
* Don't underestimate the subtleties. Needless to say, employees should have a work environment free of obvious or not-so-obvious harassment. Supervisors need to keep in mind that some employees might take offense to things that, years ago, might not have bothered some individuals.
* Be prepared to discipline, if necessary. Employees who -- in spite of direction by the employer -- appear for work wearing inappropriate costumes, should be disciplined. The employer may want to consider sending the employee home to change clothes before allowing them to return to work. Should an employee make an inappropriate comment about an employee's costume, the employer should also consider taking appropriate disciplinary action against the employee. Steve Miller is a partner with Fisher & Phillips, a national labor and employment law firm. He can be reached at smiller@laborlawyers.com
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October 26, 2009 Copyright 2009© LRP Publications |
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