Many employment experts will soon be releasing warnings regarding holiday and Halloween parties in the workplace, as well they should. The reports aim to warn managers about the potential risks of drinking too much at these types of gatherings, or even drinking any alcohol at all, among other potential legal risks for employers.
This includes Halloween parties. Unfortunately, there are a couple of issues that could lead to some serious legal complications under the right (or wrong) circumstances.
Perhaps the most common issue are Halloween costumes that could offend or threaten other employees. For instance, if someone wears a costume that is racially insensitive, such as wearing blackface, the manager may need to be the one to deal with the fallout. This applies to inappropriate costumes directed at any protected class, including race color, national origin, religion, age, sex (gender), sexual orientation, physical or mental disability, and reprisal.
Another issue involves one employee making comments regarding what another employee should wear as a costume that are inappropriate for similar reasons outlined above. For example, suggesting that a Middle Eastern or Muslim employee dress as a terrorist. This can create an unwelcome workplace environment that the employer then has to deal with. The manager should take the time to make it clear that actions like this are not approved, appreciated, or welcomed in any way and continuation is harrassment.
Then there’s the issue of alcohol at work Halloween parties. Alcohol consumption at holiday parties sponsored by the organization opens up the employer to legal liability. To mitigate this effect, here are some options to control drinking holiday parties.
- Provide limited drink tickets (or not serve alcohol)
- Have a cash bar, not an open bar or free drinks
- Serving only certain types of drinks
If you are an employer, make sure you set up your holiday parties to limit the pitfalls of poor decisions on behalf of your employees and create a welcome workplace environment.
Thank you for visiting the Gabriella Young blog, an Austin criminal defense lawyer. We write to inform locals about law changes, events and news.