Office Halloween parties and costume contests are a fun way to
celebrate this time of year. However, offensive costumes will ruin
the fun and, more importantly, could even result in a human rights
complaint, the consequences of which are likely to haunt an
employer long after October 31st.
In Ontario, the Human Rights
Code entitles every employee to the right to freedom from
harassment in the workplace. Halloween costumes that are racist,
sexist, based on oppressive stereotypes, or that otherwise
project an unwelcome message rooted in a prohibited ground of
discrimination could be found to constitute harassment under human
rights legislation.
Employers do not need to prohibit employees from wearing
costumes or cancel office Halloween parties in order to comply with
their human rights obligations. Rather, communicating to employees
in advance that the employer will not tolerate inappropriate and/or
offensive costumes and stressing the importance of maintaining
