Halloween is a holiday that means different things to different people. Little kids are obsessed with gathering as much candy as they can. Parents of those kids are concerned about making sure their little ghosts and goblins have a safe and happy holiday. And lawyers and human resource professionals are concerned getting through their annual employee Halloween party without getting slashed by a bone-chilling lawsuit. |

Some lines shouldn't be crossed

David Barron, a labor and employment attorney at Cozen O'Connor, notes that, when it comes to Halloween costumes in the workplace, there are some lines that should not be crossed, though each company is going to handle matters differently. "Some don't care and some are politically correct. If you are a healthcare institution and someone comes in dressed as an Ebola victim, you may feel strongly," he says. Keep reading to see more of Barron's advice on how to avoid a terrifying office party. |

Frighteningly offensive

There are some common Halloween costume themes that are sure to win costume parties at bars and your neighborhood gathering that are simply not acceptable in the workplace. Barron cites terrorist attire or zombie-related costumes as potential problems. "It's one thing to be a zombie, it's another to wear something bloody. People get crazy sometimes, and good judgment is not the same for everyone." Good judgment, he says, is the key if you are going to have a dress-up party. Barron offers this advice for employers: "Don't be the costume police. Don't give a list of what is acceptable and what is not. If you are going to have an event, tell employees that you expect them to use good judgment and that any costumes deemed to be offensive or inappropriate, reserve the right to ask employees to change. Encourage employees to ask questions. They may want to run it by HR before they show up in a hazmat suit, as not everyone will find that to be funny or appropriate." As for employees, he suggests that workers stay away from anything that is obviously offensive, such as a Nazi or KKK costume. "Avoid anything that would be considered offensive to traditional title VII categories — religion, race, national origin, etc.," he says. He also notes that politics and the workplace do not mix, so, while it may not be illegal or actionable, it's probably best not to go as the president or something that is hot in the news, like an Ebola victim. |

From race to raciness

In addition to costumes that may be considered too violent, there's also an issue of costumes that are too racy. This opens the door for potential sexual harassment issues, he says. It's hard not to notice that many costumes designed for adult females trend toward the skimpier side. The racy costumes, Barron says, often cause more problems for HR reps, as most people have a pretty good idea of what is culturally offensive. But human resources should be on alert during Halloween parties. "The problems that HR managers face on a daily basis are magnified on Halloween by a factor of 10," he says. It's best to be assertive, but be aware that each case is different and it's best to make expectations clear ahead of time to avoid drama, not exacerbate it. |

Beware of social media

Another danger zone for Halloween is social media. Companies should have a policy of what employees can snap pictures of and what they can post online. Barron notes that companies should not give employees the unfettered ability to take photos of managers and post them on Facebook. They want people to have a good time, but you never know when a photo could go viral. It's best to have a clear policy stemming from the normal policy, and encourage employees to check with HR before they post anything. |

Religious objections

One final factor to keep in mind is religious objections. Some employees might be "conscientious objectors," not wishing to participate in a party because of their beliefs. If anyone gives them grief over this, it could result in an HR issue, so it's important to be aware of this as well. Halloween is a scary time, with ghouls and ghosts running around our neighborhoods and toilet paper flying from trees. It's important, though, to make sure you keep that fright out of the office, and prior proper planning can prevent any heart-stopping moments for human resources and the legal department. Related: |

• Reducing risk by planning ahead
• 7 tips to reduce holiday party liability for employers
• How to avoid a real-life liability nightmare this Halloween
• Social media posts by the plaintiff are discoverable