Learn more about the Labor and Employment Group at Schiff Hardin. Attorneys In This Practice Eric L. Barnum Howard R. Barron Wendi J. Berkowitz Max G. Brittain Jr. Lisa Carey-Davis William J. Carroll Ashley G. Eddy Nicole Finitzo Larry B. Garrett Stephen M. Hankins Victoria Hartanto Valarie Hays Charlene Q. Kalebic Paula M. Ketcham Matthew D. Lahey Neil Lloyd Catherine M. Masters Ralph A. Morris Marc L. Silverman Henry W. Sledz Jr. Patricia Costello Slovak Drahcir M. Smith Julie Furer Stahr Kathleen A. Stimeling Catherine H. Thompson Richard L. Verkler Nora Kersten Walsh Tamera M. Woodard Schiff Hardin Offices One Atlantic Center, Suite 2300 1201 West Peachtree Atlanta, GA 30309 225 Franklin Street, Suite 2600  Boston, MA 02110  233 S Wacker Drive Suite 6600 Chicago, IL 60606 One Westminster Place Suite 200 Lake Forest, IL 60045 900 Third Avenue New York, NY 10022 One Market, Spear Tower 32nd Floor San Francisco, CA 94105 1666 K Street, NW Suite 300 Washington, DC 20006 - - - - - - - - - Join our mailing list. Forward this alert to a friend or colleague.

Schiff Hardin Labor and Employment Alert

Celebrating Halloween Without The Risk of
Scary Workplace Surprises

By Tamera M. Woodard

Recent research demonstrates that, behind Christmas, American consumers spend more money on Halloween than any other holiday - a record $4 billion in 2007. The enthusiasm for Halloween extends into the workplace. According to a 2000 Benefits Survey conducted by the Society for Human Resource Management, more than one-third of employers offer Halloween celebrations, and that number is growing. A more recent poll conducted by Vault.com demonstrates that more than 37% of employees celebrate Halloween with their co-workers and, of those, more than 25% dress up in costumes.

By all accounts, Halloween celebrations provide important benefits: promoting teambuilding and camaraderie, shaping a positive company culture, eliminating barriers, fostering creativity, defusing tension, reducing stress, and injecting a sense of normalcy into the workplace. These benefits do not come without risks, however. Many people see Halloween as an excuse to engage in thoughtless and careless behavior, such as sending offensive emails or wearing costumes that would normally be prohibited under the workplace dress codes. To protect against the risk, consider the following factors before planning your celebration.

1. Diversity: All experts agree that diversity is an asset to the workplace. Employers who value diversity recognize that the very backgrounds, beliefs, customs, cultures and traditions that contribute to the diversity may also increase the likelihood that some employees may find costumes and celebrations offensive.


2. Religion: Some people might consider celebrating Halloween a form of worship. Consider whether an employee might request time off as a religious accommodation and, if so, what your response will be.


3. Harassment: Many employees see Halloween as a great time to engage in practical jokes, or send and receive emails with threatening or explicit content. Many companies have email and/or Internet policies that contemplate any situations that might arise. It is nonetheless prudent to reinforce the company's harassment policy and email policy with a memo prior to Halloween.


4. Inappropriate Costumes: If you are like most employers, you may have employees that push the boundaries. This may not only violate the rules for the Halloween celebrations, but also may run afoul of the company's dress code. Deal with employees individually and do not penalize all employees for one person's poor judgment. If costumes are not allowed, you should advise employees in advance of Halloween. If you do allow costumes, consider the following guidelines as a starting point:
• prohibit costumes that are reflect stereotypical images of people who are members of a protected class;
• set safety guidelines, such as limiting masks or costumes that muffle sound;
• prohibit toy weapons; and
• establish a Halloween dress code policy, which goes beyond the company's normal workplace dress code


5. Children in the workplace: Some employers have celebrations that allow employees to bring their children into the workplace. Decide whether you will compensate employees for this time, whether the children will be disruptive to your workplace, and what the potential safety implications are if a child is hurt.


6. Voluntary: Do not pressure employees to participate. If an employee advises you that he or she wishes to abstain from the Halloween celebration, respect that decision. This is likely the employee's way of hinting that he or she disagrees with the celebration, for religious or cultural reasons, or otherwise finds the holiday offensive.


7. Combine the fun with a serious purpose: Hold themed competitions between departments to raise money for a cause, or charge a nominal fee to wear a costume, and then contribute the money to a cause, such as breast cancer or cystic fibrosis research.

One method to help stave off employee complaints is to engage employees in the process. Solicit ideas from employees regarding potential celebrations. Among other things, this will give you an idea of whether your employees believe a Halloween celebration is a good idea or whether it would involve a waste of company time and resources. It will also provide you with an opportunity to plan for accommodations and remind employees in advance about the boundaries of the celebration.

For more ideas on how to make your Halloween celebration risk-free, contact any Schiff Hardin Labor and Employment attorney.

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