![\"shutterstock_holiday](\"http:\/\/employerdefensereport.connmaciel.stagingarea.org\/wp-content\/uploads\/sites\/2\/2017\/12\/shutterstock_holiday-party-glasses.jpg\" "\\"Shutterstock")
The holiday season is here, and employees are looking forward to celebrating with their family and co-workers.\u00a0 However, the office holiday party \u2013 an anticipated yearly tradition in many workplaces \u2013 has now become a cause for concern for employers, especially amidst the current national conversation about workplace sexual harassment.<\/p>\n
What is the result?\u00a0 Many companies are cancelling holiday party plans, or hosting alternative parties with less alcohol and more day light.<\/p>\n
There is certainly nothing wrong with hosting a holiday party, and employers should not be discouraged from doing so.\u00a0 Hosting a holiday party for your employees is beneficial, as it helps boost employee morale and demonstrates that you appreciate their hard work.\u00a0 However, prior to the holiday party, employers should consider the following best practices to avoid any legal problems:<\/p>\n
Steps to Avoid Sexual Harassment Claims <\/strong><\/p>\n One common misbehavior at holiday parties is employees making inappropriate comments, gestures, or physical advances toward other co-workers.\u00a0 Outside of the office context, there will naturally be a more relaxed atmosphere, and people will behave different than if they were in the workplace.\u00a0 With the addition of alcohol, the degree of informality only increases.\u00a0 However, employers can implement policies and procedures to ensure that the office holiday party is a hit without the fear of a costly lawsuit.\u00a0 Employers can take the following steps to reduce the risk of harassment at the office holiday party.<\/p>\n Employers should review their employee handbook, and, if necessary, update it so it expressly states that employees are subject to the anti-harassment policy at company-sponsored events.\u00a0 Employees should also be reminded, through an email or company newsletter, of the company’s anti-harassment policy, and that it applies to social events both inside and outside of the office equally \u2013 including the holiday party.\u00a0 Establishing an expectation of how employees should behave at the holiday party and informing them of the potential consequences for inappropriate behavior conveys a message that the event is intended to be an enjoyable, but professional environment.<\/p>\n Inviting guests will certainly add costs to the party budget, but it will also decrease the potential for inappropriate behavior.\u00a0 Spouses, significant others, and family members should be a welcomed addition because they will naturally temper employee behavior, and help maintain a more professional atmosphere.<\/p>\n Employers need to be aware of any incidents that occur at the holiday party, and have procedures in place to address them.\u00a0 Employers have a legal duty to prevent harassment in the workplace, and this duty extends to work-sponsored events, such as holiday parties, and even to the appropriateness of gifts for a holiday gift exchange.\u00a0 An employer can evade liability if it can demonstrate that it took reasonable steps to prevent the harassment or that the employee did not use the employer\u2019s complaint procedures to inform the employer of the harassing behavior. \u00a0Therefore, if an employer learns of inappropriate behavior at the holiday party, an investigation should be promptly initiated, and appropriate discipline should be provided.<\/p>\n Non-Denominational Venue and Decor\u00a0<\/b><\/p>\n Choosing an appropriate venue is important to avoid disability and religious discrimination claims.\u00a0 It is natural to associate the holiday season with several religious or cultural traditions that many of your employees likely celebrate.\u00a0 However, religion should not play any part in the office holiday party whatsoever.\u00a0 One of the protected categories under Title VII, the federal anti-discrimination statute, is religion.\u00a0 The perception that an employer favors a particular religion, celebration, or ritual could be ripe for a religious discrimination lawsuit.\u00a0 As a result, employers should ensure that the venue is not religious or exclusive to certain groups of people, and steer clear of any religious decorations that symbolize religion or convey a religious message.<\/p>\n Additionally, employers should make sure that the facility is accessible for disabled persons in order avoid disability discrimination claims under the Americans with Disabilities Act (\u201cADA\u201d).\u00a0 Ultimately, all of your employees should feel comfortable and welcomed at the party.<\/p>\n Limit Alcohol Consumption<\/strong><\/p>\n Despite conveying an expectation of good behavior at the holiday party, there may be a few employees who simply fail to adhere to that expectation.\u00a0 Alcohol may be a contributing factor to such misbehavior, and it can create a host of issues for employers.\u00a0 In addition to the potential Title VII harassment issues that may be exacerbated by alcohol, employers also need to be aware of potential tort liability.<\/p>\n State law varies on whether an employer can be held liable for injuries that occur due to an intoxicated employee\u2019s actions.\u00a0 Therefore, it is important for employers to carefully review their state law before serving free alcohol at the office holiday party.<\/p>\n Finally, employers should remind employers that the holiday party is completely optional.\u00a0 An employer may be found liable for an employee\u2019s actions if the holiday party is found to be \u201cwithin the scope of employment,\u201d which varies on a case-by-case basis, as interpreted by state law.\u00a0 If the party is considered to be business-related or within the scope of employment, an employer may be responsible for workers\u2019 compensation if an employee is injured at the party.<\/p>\n Given these potential risks associated with serving alcohol, if an employer decides to serve alcohol at the party, it should take consider taking the following steps:<\/p>\n These five steps will go a long way to limit potential tort claims for employee misconduct \u2013 both during the event and after it has ended.<\/p>\n Employees can also limit the amount of alcohol that employees are able to consume.\u00a0 If employers are concerned about over consumption, one option to limit this concern is to host the holiday party during the day time in the middle of the week.\u00a0 Employees will enjoy a half-day of work, and they will be less likely to over indulge during the day on a Tuesday or a Wednesday, as opposed to a Friday evening.\u00a0 Employers can also implement a cash-only bar, or a token system in which employees can only receive a certain amount of drinks at the party.<\/p>\n Do Not Engage In Business Activity\u00a0<\/strong><\/p>\n Employers could be responsible for paying non-exempt employees for time spend at the holiday party if certain steps are not taken.\u00a0 As explained above, employers should ensure that employees understand that the event is optional, and that it is not within the scope of their employment.\u00a0 Ultimately, the party must just be about the party.<\/p>\n To limit the risk of potential wage and hour claims, employers should ensure that it reminds all employees that the party is optional.\u00a0 Additionally, the office holiday party is a time for celebration \u2013 not work. \u00a0Therefore, employers should not engage in any business activities during the party.<\/p>\n Taking these steps may seem like a tall task.\u00a0 However, no one wants to begin 2018 with a costly lawsuit, bad press, and low employee morale.\u00a0 Mitigating the risks of potential legal liability will certainly help employers avoid a bigger headache in the long run.<\/p>\n","protected":false},"excerpt":{"rendered":" The holiday season is here, and employees are looking forward to celebrating with their family and co-workers.\u00a0 However, the office holiday party \u2013 an anticipated yearly tradition in many workplaces \u2013 has now become a cause for…<\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":"","_links_to":"","_links_to_target":""},"categories":[815],"tags":[853,821],"class_list":["post-3396","post","type-post","status-publish","format-standard","hentry","category-discrimination-harassment-retaliation","tag-discipline-misconduct","tag-workplace-equity"],"acf":[],"yoast_head":"\n\n
\n
\n
\n