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The costume police are out.

With Halloween just around the corner, labor and employment attorneys are warning employers that the annual holiday could get scary -- in a legal way -- if costumes, or a work party, get out of hand.

Specifically, costumes that carry a political or social message, or are simply too raunchy for the workplace, could lead to a liability nightmare down the road.

"A naughty nurse can get you into trouble," warned attorney Steve Miller of the Chicago office of Atlanta's Fisher & Phillips, noting that certain costumes can set the stage for future harassment. "When you got the mix of alcohol, and somebody wearing a revealing costume, you run that risk of someone making a lewd comment."

Other costumes that scream liability?

A French maid, kittens, men in togas, male Tarzans and construction workers -- all of these costumes are likely to trigger sex talk, Miller said. And if the comments continue in the future, that could trigger a harassment complaint.

Sexy costumes aside, ghosts or goblins could offend someone's religious beliefs, Miller said. And political costumes -- given this year's volcanic presidential election -- could create unwanted tension.

"Is there a law that says you're going to create liability if someone shows up in an Obama or McCain mask? Probably not, but it could create tension," Miller said. "Politics is one of those things you typically want to avoid in work or you'll get people fired up."

Dennis Donnelly, a partner in the St. Louis office of Bryan Cave who counsels employers, sees another potential liability with Halloween: personal injury suits.

If the devil slips on his own tail and gets hurt, he could turn around and sue the owner of the premises, Donnelly said. Fat pumpkins can also trigger a slip-and-fall claim.

"The great big pumpkin costume might look great at the party, but if they trip on their way out the door, it doesn't look so good," Donnelly said. His advice: "If you're going to permit wearing costumes, be sure that managers as well as employees are reminded of their responsibility to be circumspect in what they do," Donnelly said. "I think where employers have sort of run afoul of things is where the holiday spirit sort of overtakes good judgment."

Sound like a buzz kill?

Maybe, but in today's litigious world, lawyers claim, employers can't afford to get spooked by a lawsuit.

"If there's a breakdown in decorum, and Halloween festivities turn into the proverbial Christmas party," Donnelly said, "then all sorts of mischief can happen."

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