Halloween celebrations at the workplace can be a fun, lighthearted way to promote team building, a positive workplace culture, and greater creativity. But every year, there’s no shortage of employees who display questionable judgment during Halloween activities or wear costumes that are not appropriate for the workplace.

• Summer is gone and the holiday season is upon us. With Halloween coming up soon, employers may want to take steps proactively to avoid situations that could lead to reputational damage or legal disputes over Halloween activities, costumes, and decorations.
• Employers might remind workers of workplace policies and expectations before Halloween to avoid negative consequences arising from Halloween festivities and inappropriate behavior.

While employees are often quick to claim the free speech protections in the U.S. Constitution, the First Amendment prohibits the government from enacting laws that inhibit free speech. It does not prohibit private employers from regulating speech and conduct in the workplace, particularly if an employee’s conduct could implicate concerns of discrimination or harassment of others. As the adage goes, freedom of speech does not mean freedom from consequences, especially within the private sector.

Generally, if a workplace policy is narrowly tailored for a specific business purpose, employers can enforce policies that govern employee conduct at work, including regulation of claimed “free speech.” For example, an employer can...

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