Although the wild and crazy
office party should be a vestige
of the past, many employers
learn the hard way that
employees view the office party
as a way to cut loose and leave
their inhibitions on the copy
room floor. Such behavior was
the main focus for laughs in the
2016 movie Office Christmas
Party (an over-the-top example
of what employers do not want
to happen).
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., religion).
As you prepare for your office
party, consider whether alcohol
should be available, as most
issues arise due to someone
bending the elbow a bit too
much. If you do decide to
provide spirits, make sure you
have someone (a designated
responsible adult) who is
watching to ensure that your
workforce does not get too
“relaxed” and cross the line.
Possibly limit how much alcohol
is served, and make sure 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’s 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 considered
inappropriate or offensive to
members of any protected class.
Finally, make sure employees
understand 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 you don’t want
to be the exception to the rule.
You do not want to wake up
the next day and find that your
organization’s CEO or VP have
been added to the naughty list.