Holiday parties are the perfect way to bring employees together
in a relaxed atmosphere and reward them for working hard. But what
happens if the holiday cheer gets out of hand? You never know when
one person's trip to the mistletoe might mean another
person's trip to a lawyer. Special events such as holiday
parties can become a breeding ground for sexual harassment and
other forms of inappropriate behavior, especially if alcohol is
involved. So what can you do to avoid the problems? Elizabeth D.
Moore, a partner with the law firm Nixon Peabody who specializes in
employment counseling and preventing lawsuits, offers the following
tips to help you avoid holiday lawsuits.
Double-check the legalities of your company's sexual
harassment policy. "Sometimes employees don't realize
that a company-sponsored event is covered by the company's
harassment policy," Moore says. Anytime a company pays for an
event, whether it's on site or off, it's considered a
company-sponsored event. This includes lunches, cocktail hours and
other forms of entertainment that can be paid for with the company
credit card. But beware, Moore warns, because even if the company
isn't covering the expenses, the event can still fall under the
umbrella of scrutiny if business is being discussed. Make sure your
policy clearly defines harassment behavior and covers any outside
events.
Make sure the policy covers employee injuries. This is
especially true if employees are required to attend. Employers are
responsible for any injuries that occur at a company-sponsored
event.
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Assign someone to be responsible for monitoring inappropriate
behavior. A manager or other responsible employee can watch for
signs of inappropriate behavior and prevent uncomfortable
situations before they happen or before they get out of control.
Having an appointed person can also take the pressure away from
other employees who may not want to get involved in a sticky
situation.
Extend the employee party to include spouses and
children. "It's the easiest way to avoid issues,"
says Moore. "Employees will generally behave in front of their
children." Changing an event from a drinking and partying
atmosphere to a family-oriented one creates an environment where
inappropriate behavior rarely occurs.
Limit alcohol consumption. Alcohol consumption clearly
gives rise to all kinds of incidences, says Moore. Here are several
ways to prevent over-intoxication:
- Serve beer over hard alcohol whenever possible.
- Provide drink tickets to limit employees to a maximum number of
three alcoholic beverages.
- Have professionals serve the alcohol. Companies often make the
mistake of offering self-service bars or allowing employees to
serve drinks. Professional bartenders not only carry insurance, but
they're trained to know when to cut somebody off, isolating
your company from any liability.
Provide a car service to ensure all employees get home
safely. Anything that happens to an employee between the time
they leave your event until they reach home can create liability
for you. Provide a car service regardless of what an employee has
consumed so that everyone is comfortable using it.
If throwing a holiday party gives you visions of sugar plum
fairies and lawsuits dancing in your head, there are other ways to
reward your employees without looking like a Grinch. Moore suggests
giving employees a half-day of shopping instead of a party,
something that's becoming increasingly popular with companies.
Whatever you decide to do, taking preventive measures will ensure
that your employees, and your company, will have a safe and happy
holiday season.
Sarah Pierce is a freelance writer living in Southern
California.