My husband and I are white and dressed as black persons for Halloween. We were told to leave, with pay, because a few were offended. Was that legal?
Question Details: We dressed as Barack Obama and Madea from the Tyler Perry movies, popular costumes this year. The majority of the people we met were not offended. We were also told being asked to leave was "preventing" any potential trouble. We felt quite embarrassed and humiliated. To us, "blackface" is a deliberate action done to degrade African Americans, something we'd never do. We just want to know if our HR director was right in asking us to leave. I don't believe there is any policy regarding costumes, but I'm checking on that today. Thank you.
Employment and Labor Law Answers
A company has considerable discretion to regulate holiday parties, a workplace, etc. If the HR director felt that your costumes could offend others, then rightfully or wrongfully, he/she can make that determination. It sounds like, since you were paid, you did not suffer economic injury or adverse employment consequences. While you were embarrased, the HR director had to balance your embarrassment vs. possible or actual offense of others.
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