Employers can decorate for the holidays without violating the law

November 14, 2017

It’s almost time to deck the workplace halls for the holidays, which means the traditional concerns around offending employees or customers likely will occur.

These discussions should center around listening to the concerns of others, while understanding the legal ramifications of celebrating holidays including Christmas, Hanukkah and Kwanzaa.

Many concerns at work involve holiday decorations. The law on this is relatively settled.

The Equal Employment Opportunity Commission, the federal agency charged with enforcing federal discrimination laws, has weighed in on private sector holiday decorating. According to its guidance, employers are generally free to decorate the workplace with Christmas, Hanukkah or other displays without violating the law.

The EEOC’s guidance provides the following example:

“Each December, the president of XYZ corporation directs that several wreaths be placed around the office building and a tree be displayed in the lobby. Several employees complain that to accommodate their non-Christian religious beliefs, the employer should take down the wreaths and tree, or alternatively should add holiday decorations associated with other religions.”

The EEOC sides with employer, stating, “Title VII does not require that XYZ corporation remove the wreaths and tree or add holiday decorations associated with other religions.”

The outcome under Title VII on these facts would be the same whether in a private or government workplace, since Title VII applies to both the private and public sector, according to the agency.

Of note, the EEOC also provides a brief discussion of the impact of the Constitution’s establishment clause on private employers.

It states, “Although it is beyond the scope of Title VII enforcement, we note for the sake of completeness that the U.S. Supreme Court has held that wreaths and Christmas trees are ‘secular’ symbols, akin to items such as lights, Santa Claus, and reindeer, and thus government display of these items does not violate the establishment clause of the First Amendment.”

The EEOC also notes, correctly, that in the private sector, the establishment clause constraints would not apply. However, the EEOC recommends as a “best practice” that “all employers may find that sensitivity to the diversity of their workplace promotes positive employee relations.”

A good percentage of your workforce and customers will get joy from seeing the Christmas or Hanukkah decorations around the workplace, and employers shouldn’t avoid displaying these decorations because a few employees take exception.

With that in mind, employers should listen to employees who have concerns. Some objecting employees may believe that it’s illegal for employers to display wreaths and Christmas trees.

In addition, some people don’t understand that the constitutional restrictions on establishing a religion, or free speech, do not apply to the private sector.

Regardless, Christmas is a festive and fun time of the year, and a decorated workplace brings happiness to most customers and employees.

Employers should consider using decorations like ornaments, trees, wreaths and garland as opposed to more formal and clearly religious symbols such as Nativity scenes or a menorah.

Decorating in this way might provide a better balance to enjoy the holidays while not explicating recognizing specific religions.