Trick or Treat: Taking the Scariness Out of Halloween
October 26, 2009

With Halloween upon us, Barran Liebman offers the following advice on hidden landmines that may give rise to legal issues in the workplace:

Costumes: Although it might sound like an innocent idea to permit or encourage employees to wear Halloween costumes to work, there are potential risks:

• Workplace Injuries: Allowing costumes may increase the likelihood of workplace injuries. An employee may trip and fall because his or her costume gets in the way or perhaps run into something or someone because he or she has poor visibility through a mask.
• Discrimination/Harassment: An employee's poor judgment may result in a costume that offends co-workers or customers based on the way that the costume portrays a race, religion, political opinion, or gender. Likewise, an employee may report for work in a costume which is extremely revealing, suggestive, or otherwise inappropriate, which may in turn increase the likelihood of a harassment complaint.
• Managers should remind their employees that company policies apply with equal force to Halloween costumes worn to work and behavior at company parties. If you receive a report of inappropriate or harassing behavior, you should take that report seriously by taking prompt, effective steps to address the issue.

H1N1 Flu: We know you have heard a lot about H1N1 lately, but remember that it can spread by touching something contaminated with the virus and then touching one's own mouth, nose, or eyes. Therefore, employers should discourage bowls of unwrapped candy as they may facilitate the spread of germs. Cancel the annual "bobbing for apples" contest this year. In addition, encourage employees to wash their hands frequently and to cover their cough or sneeze.

Alcohol: Providing alcohol for employees to consume in the workplace is dangerous. An employee may engage in inappropriate or harassing behavior because he or she has had a few too many drinks. Even worse, an employee may get into a car accident on the way home from a company party. If you choose to serve alcohol, consider limiting the amount of drinks any individual may have, and consider paying for taxi rides home.

Happy Halloween from all of us at Barran Liebman!