The Office Holiday Party — Avoiding the Naughty List

Despite the depictions of holiday parties often seen in TV and movies (think Mad Men, A Bad Mom’s Christmas, or Office Christmas Party), in today’s workplace, the wild and crazy office party should be a vestige of the past. Many employers learn the hard way that some employees view the office party as a way to cut loose and leave their inhibitions on the copy room floor.

Office holiday parties often embolden inappropriate behavior, from simple innuendoes to unwelcome touching that could lead to claims of sexual harassment. The office holiday party can be a quagmire of potential employment issues, even beyond sexual harassment. These issues can include claims due to on-the-job injuries (worker’s compensation), unpaid wages for attending the party (the Fair Labor Standards Act), or other types of workplace harassment or discrimination (e.g., race or religion).

As employers prepare for office holiday parties, they should consider whether alcohol will be available, as most issues arise due to someone bending the elbow a bit too much. An employer that does decide to provide spirits, should make sure to have someone (a designated responsible adult) who is watching to ensure that your workforce does not get too “relaxed” leading to employees crossing the line. Employers should consider limiting how much alcohol is served and have a plan in place to ensure that any employee who drinks a little too much has a ride home. Evaluate in advance whether the party is going to be mandatory or not. If it is voluntary and employees do not feel compelled to attend, then employers are not required to compensate employees for their attendance. Review the plans for the party in advance to see if there are any activities that could be con side re d inappropriate or offensive to members of any protected class. Most importantly, employers should communicate clearly to employees that the company’s policies and procedures , especially those related to conduct, are still in effect at the party. Most parties are benign and conclude with no real issues to speak of, but no employer wants to be the exception to the rule. No employer wants to wake up the day after the holiday party and find that its organization’s CEO or VP have been added to the naughty list.

Jennifer is board-certified as a specialist in labor and employment law assisting in effectively navigating an array of labor and employment laws. She can be contacted at [email protected] or 941-552-2558.