With October upon us, many employers may soon be hosting fun seasonal outings, offsite mixers, costume contests or festive dress days. But just as every haunted house has a monster behind the next corner, these events can harbor unexpected legal risks, particularly when it comes to dress code enforcement and harassment claims. Below are practical reminders and legal guardrails to help employers send the right message.
Remind Employees of Dress Code Policies — Before the Spirits Appear
Why a “boo-friendly” reminder helps. If you wait until right before the party (or worse, during), you are more likely to face confusion or pushback. A well-timed reminder allows employees to plan, ask questions and avoid embarrassing missteps.
What to include in your reminder:
- A concise restatement of the dress code (or costume policy, if you allow costumes) — e.g., “costumes must be workplace appropriate, non-offensive, non-revealing and not impede safe performance.”
- It is important to note that the standard dress code still applies. Halloween does not mean that employees can violate general safety, modesty and professionalism standards.
- A clarification that participation is voluntary.
- An invitation to HR to raise questions or request exceptions.
In short: remind early, remind clearly and consider giving employees a “dress-check hotline” to flag potential problems before they become PR or legal nightmares.
Don’t Assume “Offsite” Means “Off the Hook” for Harassment Claims
You might think that a party off premises or outside regular hours is a free zone for fun, but the EEOC’s recent guidance, reinforced by courts, suggests otherwise. Harassment claims can arise from offsite gatherings, costume contests, or holiday celebrations.
As is applicable in the context of a spooky soiree, the 2024 Enforcement Guidance on Harassment in the Workplace explains that a hostile work environment claim may include conduct that happens outside the workplace if it is a work-related context, involves co-workers or supervisors and affects employment conditions. Harassment is not limited to explicit insults; it can include jokes or comments about a coworker’s appearance, attire, cultural dress, hairstyle, disability, age, religious garments or perceived stereotypes. Even offsite, an employee could argue these remarks constituted workplace harassment. If the employee complains later, the employer may struggle to argue that the event was “not related to work.”
Policies and Training: Your Best Defense Against Workplace Nightmares
If reminders help keep your compliance foundation solid, then robust policies and ongoing training are your best defense against any lurking legal ghosts. Below are essential ingredients:
- Harassment Policy:
- Define protected characteristics under federal, state and local law.
- Include examples of harassing conduct: verbal (epithets, jokes, insults), physical (touching, gestures), and visual (images, social media).
- Explicitly state that harassment is prohibited even outside the workplace or standard hours, when related to coworkers, supervisors or work functions (e.g., offsite parties, business trips, social events).
- Provide clear reporting channels and a commitment of no retaliation.
- Explain the investigation process: timeline, confidentiality, possible interim measures, corrective actions, closure. An employer’s best defense to a harassment claim is a prompt and thorough investigation with appropriate remedial action, if necessary.
- A statement that violations may lead to discipline up to termination, even for managers or leadership.
- Training:
- Initial onboarding training for all employees.
- Manager/supervisor training.
- Periodic refresher training, especially after any distressing incident or new developments.
- Prompt reminders before known events (e.g. holiday parties) to reinforce the rules in the moment.
Training does more than reduce incidents — it gives you a stronger defense later. If a complaint arises, you can point to documented training, consistent messaging and good faith efforts.
What to Do Right Now — Before the Ghouls Appear
- Audit your dress code and grooming policies to ensure they’re legally compliant, neutral, not unduly burdensome and allow for religious or disability related accommodations.
- Add language about offsite/after-hours events into your harassment and social event policy.
- Hold (or refresh) manager training with emphasis on offsite event oversight and possible pitfalls.
- Review your complaint and investigation procedures, ensuring they are robust, timely and allow for interim safeguards.
Final Word
By proactively reminding employees of dress expectations, adopting clear harassment policies that cover offsite events and training across all levels, employers can reduce the risk of claims and avoid facing a truly scary post-party lawsuit.
Contact
Don’t let your company’s holiday fun turn into a fright. Reach out to KJK Labor & Employment attorneys Emily Vaisa (EOV@kjk.com) or Beth Spain (BRS@kjk.com) to review your policies, update your training or prepare for upcoming seasonal events.