If you work in a corporate office full-time, the opportunity to see people you work with day-in, day-out in a different setting is appealing. Some managers and employees look forward to holiday events as a way to liven things up, energize people, boost morale and facilitate closer bonds between co-workers. When it works well, it really works! Here is an example from the Society for Human Resource Management (SHRM) website:

“She has fond memories of those early years when the Halloween party was a highlight for the less than 100 SHRM employees and the education department traditionally took first place for its themed costumes. One year, for example, education staffers portrayed Elvis through the years, with Sadek donning wig and cape as Las Vegas Elvis.”

–“SHRM Education Director Recalls 20-Year Career,” Society for Human Resource Management website, November 6, 2009

But, unfortunately, often it doesn’t work well. Today’s corporate workplaces boast a diversity of employees who may not hold the same views on anything outside of the workplace. Often trying to celebrate the holidays ends up being a big problem. If you consult your legal department, you are likely to get a list of things that could go wrong celebrating Halloween at the office resulting in lawsuit after lawsuit for the employer.

Want some examples? Here are some excerpts from a great article on the SHRM website:

“A worker sashaying into work in one of the “Illegal Alien” costumes [an orange jumpsuit with “Illegal Alien” stamped across the chest; a space alien mask and a fake oversized Green Card], for example, could be seen as creating a hostile work environment and lead to a litigation nightmare . . .”

“[M]any men [could] dress as David Letterman, talk jokingly about workplace sex and may even pretend to hit on female co-workers to re-enact the scandal—a potential sexual harassment concern . . .”

“[A] suggestion four years ago to wear a “pink slip” over clothing and chase co-workers around might not be funny given the current unemployment rate.”

“Also, costumes depicting other cultures or religions—dressing as a Native American or as a priest or nun, for example—could be considered disrespectful and cause offense.”

–“Allowing Halloween Costumes at Work Can Be Tricky,” Society for Human Resource Management website, October 22, 2009

Or how about some real-life examples:

“In December 2004, Judge Ellender was suspended for one year without pay for appearing in public at a Halloween party dressed in a costume consisting of an Afro wig, black face makeup, and orange prison jumpsuit with handcuffs.”

—In re: Ellender, 889 So. 2d 225 (La.  2004).

“On Halloween of 2000, respondent came to work wearing a doctor costume, and [her supervisor] gestured to her by unbuckling his pants and telling her, “Here Doctor. It hurts here[,]” while pointing to his groin.”

–Devane vs. Sears Home Improvement Products, Inc., 2003 Minn. App. LEXIS 1514 (2003).

(Court affirms finding of sexual harassment and monetary damages against employer for a variety of actions including the Halloween incident.)

Not all courts have an anti-Halloween sentiment, however.  Two decisions out of Massachusetts seem to lean in favor of Halloween costumes in the workplace:

“Counsel asked whether [the founder of the company] “told [the employee complaining of sexual harassment] that her Halloween costumes were too provocative and seductive.” [The founder] answered, “I probably said they were ‘hot,’ . . . [or] see-through.” Finally, counsel asked [the founder] to describe one of her Halloween costumes, which he described as a see-through Empire State Building.”

(no evidence of sexual harassment, etc. found against employer)

—Dahms v. Cognex Corporation, 914 N.E.2d 872 (Mass. 2009).

“On Friday, October 29, 2004, about forty bargaining-unit members and union supporters [employed in patient services at a state-owned mental institution] wore black T-shirts depicting a skeleton and the phrase ‘Skeleton Crew on the front, and, on the back, a ‘thumbs down’ skeleton hand with the phrase ‘MNA Unit 7 Staffing Levels Cut To The Bone.’ Upon learning that the nurses were wearing the described T-shirts . . . the director of labor relations at the hospital, informed [the] . . acting director for the Department of Mental Health, that the T-shirts were inappropriate to wear at the hospital. [The Director of Labor Relations] agreed and ordered the nurses to remove the T-shirts within one hour. The union members complied. . . .

[T]he director of clinical services at the hospital . . stated that ‘a symbol of skull and crossbones is clearly clinically contraindicated’ for the patient population that is susceptible to ‘hallucinations, delusions, perceptual distortions, paranoid ideations, acute suicidality, and/or trauma. . .’

The T-shirt was displayed for viewing by the panel during oral argument. It shows a smiling, dancing skeleton . . . .

(Court remands case to the Commonwealth Employment Relations Board for an evidentiary hearing on whether the costumes were provocative or upsetting.)

—Mass. Nurses Ass’n v. Commonwealth Empl. Rels. Bd., 928 N.E.2d 975, (Mass. 2010).

So, if all of the legal considerations are not enough to kill your Halloween spirit, consider that some people find the celebration of Halloween deeply offensive!

“A few years ago Fitzgerald, HR manager for the Washington, D.C., law firm of Spriggs and Hollingsworth, put together a Halloween happy hour in the firm’s conference room, complete with cobwebs, spiders, black and orange decorations and glowing candles down the center of the conference table. Pleased with how the setting turned out, she was shocked when two employees told her they wouldn’t go into the conference room. The distraught employees said they considered celebrating Halloween to be ‘devil worship.'”

–“Halloween Parties: A Tricky Treat,” HR Magazine, Society for Human Resource Management, October 2000.

I have met quite a few people in the D.C. area who share the “Halloween as devil worship” view. One colleague explained that in his religion people celebrating Halloween are viewed as inviting the devil to come into their lives and that on Halloween night, members of his religion spend their time in church praying to counteract all the evil being conjured up around them.

So, if your workplace chooses to celebrate Halloween, not only do you have to worry about offending your employees but also your customers as well! In today’s challenging economic climate, it is the safer choice (although far less fun) to eliminate all Halloween celebrations.

But what if you are just feeling festive? How can you secretly celebrate Halloween at the office in a completely inconspicuous way? The litmus test for your workplace-appropriate creativity is, “If I wore this to work on any day other than Halloween, would people find me ridiculous?” If the answer is yes, you have gone too far. If the answer is “No one would even notice,” you are probably on the right track.

5 SUGGESTIONS FOR INCONSPICUOUS WORKPLACE HALLOWEEN COSTUMES

1. Underwear. It goes without saying (I hope) that you are not to show your underwear to anyone you work with but if you want to be festive, do so in a way that only you know about.

2. Socks. If underwear is too racy for your taste, consider a pair of festive socks. Best if they are hidden beneath long pants or boots.

3. Jewelry. The key here is subtlety. There is a lot of wonderfully creative and beautiful Halloween-themed jewelry out there but most of it is not work appropriate. You want a piece of jewelry that isn’t instantly recognizable as a Halloween item. Anything black would probably work well (and could be reworn with other outfits later!)

4. Temporary Tattoos. Again, tattoos are generally not welcome in most corporate workplaces so keep these hidden under clothing.

5. Temporary Hair. Not all workplace Halloween costumes have to be spooky. Try out a new hairstyle with a subtle hair extension. Go for a natural look matching your existing haircolor.

Is your office celebrating Halloween this year? Will you be wearing a costume to work? What are your most memorable office Halloween events? Please share in the comments.