Celebrating birthdays, holidays or other events in the workplace can be a sensitive issue for many reasons. Some employees may not want to be reminded of age or have a private life intruded upon. Gifts and celebrations can be expensive and the employer or employees may not be able to contribute financially. Celebrations can be disruptive. Additionally, if a holiday or birthday is forgotten feelings can be hurt. On the other hand, recognition and social events can boost morale.
Employers may establish a policy to limit having celebrations or address issues that can arise from them. The number of employees in the workplace will likely play a role in defining what the policy might allow. An employer with a large number of employees may choose to have one celebration per month acknowledging all monthly birthdays, milestones or holidays to cut down on cost and to not interfere with work. Or the employer with a large number of employees may choose not to have any formal celebrations or even prohibit any form of them.
Establishing and defining a birthday policy must fit the particular employer’s needs. Employers can be creative in how properly to recognize employees consistent with company culture, if at all. Some considerations include:
If employees wish to have their birthday acknowledged, employers should come up with creative ways that fit their workplace to celebrate.
More generally, employers should consider how to conduct celebrations whether they are on-site or off and whether they are during the workday or after hours. Celebrations can be minefields of potential legal issues. These can raise issues of discrimination, harassment and personal injury. Here are some steps employers can use to reduce those risks:
Clear expectations about whether an event is voluntary or required is also important. Such a decision impacts whether responsibility for pay, worker’s compensation and liability attach.
Religious holidays and celebrations bring an increased risk. Although private companies have fewer restrictions than government agencies and contractors, they should strictly monitor religious celebrations in the workplace to lessen the likelihood of legal trouble. Managerial planning and attention can be utilized to help lessen the risks.
Differing characteristics of religious beliefs and cultures provide ample ground for disagreement, conflict and misunderstanding in the workplace. Issues can include:
If an employer does not ban religious celebrations, one way to avoid these problems is to be overly inclusive and accommodating. If an employer allow displays of religious symbols or exhibits, they should make sure to include and allow variety. For instance, if the employer displays a Christmas tree, they should also consider displaying other holiday items such as a menorah, a Kwanzaa kinara, a Bohdi Day tree, as well as secular ornaments such as wrapped presents and snowmen. An alternative to celebrating by specific holiday is to celebrate seasonally. This could entail having a winter ball or winter celebration rather than a “Holiday celebration” or “Christmas party.” Furthermore, never make participation in what could be construed as a religious celebration mandatory. For instance, if an employer chooses to play Christmas music, they should choose to play instrumental versions rather than versions that include deeply religious lyrics. Another difficulty in these situations often includes balancing the diversity and importance of religious beliefs with the rights of non-religious employees. As an employer, always err on the side of discretion and accommodation if the choice is made to allow religious celebrations at all.
Accommodations for time off for personal observances of religious holidays and events, of course, should be handled pursuant to policy and with consideration of federal and state protections for religious status and activity. If an employee does contact their employer with concerns about religious discrimination, the employer should handle the situation with upmost care. Furthermore, take necessary steps to prevent any retaliatory measure that might be taken against the complaining employee.
Policies and Forms
Celebrations in the workplace — Federal
Recruiting and hiring — Federal
Background checks — Federal
Immigration — Federal
Temporary and leased employees, interns and volunteers — Federal
Independent contractors — Federal
Restrictive covenants and trade secrets — Federal
Policies and procedures manuals — Federal
Wages and hours — Federal
Child labor — Federal
Discrimination — Federal
Disabilities and reasonable accommodations — Federal
Workplace harassment — Federal
Benefits — Federal
Health insurance reform — Federal
Family and medical leave — Federal
Military leave — Federal
Other types of leave — Federal
Performance evaluations — Federal
Personnel files — Federal
Workplace investigations — Federal
Discipline — Federal
Termination — Federal
Plant closings and mass layoffs — Federal
Health insurance continuation coverage — Federal
Whistleblower protections — Federal
Privacy rights — Federal
Health insurance portability and privacy — Federal
Employment in the Internet age — Federal
Social media — Federal
Safety and health — Federal
Workplace violence — Federal
Politics in the workplace — Federal
Celebrations in the workplace — Federal
Federal contractors and affirmative action — Federal
Public employers — Federal
Unions — Federal
Drugs and alcohol — Federal
Telecommuting — Federal
Diversity in the workplace — Federal
International employment law — Federal
Employment practices liability insurance — Federal
Disaster planning — Federal
Pandemic outbreaks — Federal
Appendix A: Federal recordkeeping requirements
Appendix B: Posting requirements