As Halloween approaches this year, employees may be eager to bring some festive spirit into the workplace by dressing up in costumes. While costumes can be fun and boost workplace morale, it’s important for employers to ensure that celebrations remain appropriate and inclusive for everyone by proactively establishing clear costume policies.
When employers communicate guidelines in advance, it can prevent misunderstandings and help set the tone for what is acceptable. First, remind employees that costumes should remain professional and within company guidelines. For example, offensive or discriminatory costumes — such as those mocking a particular culture, race, religion or gender — should be prohibited. Under the federal Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act, employers have a responsibility to prevent harassment and discrimination based on protected characteristics. Poor costume choices could lead to a discrimination or harassment claim, including sexual harassment or contributing to a hostile work environment.
Second, remind employees that the company’s dress code still applies. The top 2024 adult costumes are a witch, vampire, ghost, pirate and cat, according to the National Retail Federation — all of which have a “sexy” version available that may reveal more than your normal dress code allows. So, it’s important to make sure employees know what is acceptable. Additionally, Halloween costumes should not hinder an employee’s ability to perform their job safely, avoiding masks that impair vision or outfits that could be hazardous in certain work environments.
Finally, your workplace Halloween costume policies should also prohibit:
- Political costumes (e.g. the president or a creative interpretation of the president);
- Coworkers, supervisors or CEOs of the company; and
- Costumes in poor taste (e.g. related to hate groups or tragic events).
Overall, employers should be mindful of cultural and religious sensitivities. Not all employees celebrate Halloween, and some might have religious objections. Therefore, participation in Halloween activities should be voluntary — without pressure to join in. If employees are permitted to decorate their workspaces or dress up for Halloween, extend the same opportunity to those who celebrate other cultural or religious events during the fall season, such as Diwali, Día de los Muertos or Samhain.
Promoting an inclusive environment ensures that everyone can enjoy the without discomfort. Employers may consider hosting neutral, fall-themed activities that focus on team building rather than specific holidays like Halloween, making events more accessible to all employees. Open communication is key; invite feedback and be ready to address any concerns that may arise regarding the celebrations.
By proactively setting guidelines and fostering an inclusive atmosphere, employers can ensure that Halloween is both enjoyable and respectful for all employees.
Vanessa M. Greene, J.D., Employment Law Subject Matter Expert, CalChamber
CalChamber members can read more about Religious Discrimination in the HR Library. Not a member? See how CalChamber can help you.
