As the year draws to a close and the first weeks of December rapidly disappear, many employers are busy planning their annual holiday parties and other end-of-the-year activities. Company-sponsored parties can be, and are often, positive and morale-boosting experiences. Unfortunately, in the midst of this busy season, holiday parties can also mire companies in a quagmire of human resources and liability concerns and, in some instances, raise allegations of sexual harassment and race and national origin discrimination. To minimize the possibility of such undesired outcomes and to maximize the number of employees who feel welcome at the parties, you may want to consider the following issues.
Attendance. All the employees should feel welcome at the party. Therefore, no one should be required to attend; participation should be strictly voluntary. If spouses are invited, then so should significant others. By the same token, if managers are allowed to bring their spouses/significant others, then so should the non-managerial employees.
Location. If the party is not taking place at work, it should be at a location that is accessible to all. If this is not possible, consider alternating locations from year to year. The location should not be so out of the way that it may present a challenge for those who may need to cab their way home after having one too many drinks.
The Nature of the Party. The festivities should not favor one religious denomination over the other. The party decorations, music, and party favors, if any, should not be religious in nature. The goal is not to produce a party that is completely devoid of any holiday spirit and therefore nothing more than an "end of the fourth quarter celebration", but to ensure that as few employees as possible feel like outsiders. The menu should take into account any special dietary restrictions, or, at the very least, offer one or two alternatives to the main dish. Similarly, the music selections, if any, should reflect the employees´ diverse backgrounds. This does not require that country music and rap be given equal playing time, but in South Florida, there should be some time devoted to Spanish and/or Creole music selections.
Alcohol. Alcohol consumption reduces inhibitions, impairs judgments, and slows down reaction times. It can also increase the potential for unruly behavior, including harassment, from individuals who have "one too many." However, the decision as to whether to serve alcohol is one that only the company can make. A "dry" celebration may be the safest course of action but, to some employers, it may feel too contrived or too patronizing or its employees may have grown accustomed and look forward to the traditional eggnog servings. If the company chooses to offer alcohol, there are several steps it may wish to implement to minimize the "one too many effect".
First, employees should be reminded that although the party may be taking place off premises, workplace rules and policies still apply. Managers should be reminded that they need to lead by example. Do not expect employees to drink responsibly if they witness their managers engaging in the opposite behavior. Employees who misbehave at company parties should be reprimanded as if their unacceptable conduct has taken place at the office. From a liability perspective, the protections afforded by state and federal discrimination and harassment laws do not automatically cease once an employee leaves the worksite.
Second, plan the party for a time when employees are less likely to drink excessively such as lunch or brunch. Alternatively, consider limiting the amount of alcohol available. Provide employees with only a certain number of drink coupons and instruct servers to strictly adhere to this policy. Servers should also be told to refuse service to anyone who appears intoxicated. During the party, check in with the bartenders to make sure that they are not being harassed.
Third, consider designating certain managers and supervisors to make sure that individuals who have had too much to drink do not engage in inappropriate conduct or leave the party on their own. Those employees who need a ride home should have a cab called for them and, if possible, their fare paid in advance. Alternatively, arrange for a designated driver program to make sure that everyone gets home safely.
There are no absolute guarantees in the world of human resources and employment law, but the above suggestions should minimize the possibility that the company and its employees will spend this season celebrating the holidays instead of attending to possible harassment and discrimination claims.
Season´s Greetings and Happy New Year.
Judd J. Goldberg, an associate in the Florida office of Littler Mendelson, has extensive experience litigating a wide range of employment and labor matters, including all aspects of employment discrimination, workplace harassment, wrongful termination, whistleblower, wage and hour compliance, and non-compete litigation. In this regard, Mr. Goldberg has represented publicly held companies, national construction and engineering firms, pharmaceuticals, fast-food franchises, and national airlines. In his litigation practice, Mr. Goldberg also represents public and private employers who are facing possible accessibility violations pursuant to Title III of the Americans with Disabilities Act.
In addition to his litigation practice, Mr. Goldberg provides in-house, anti-discrimination and anti-harassment training to both managers and employees, in both English and Spanish. Mr. Goldberg regularly advises employers on day-to-day personnel policies, and provides practical strategies for maintaining and improving employee morale and productivity while minimizing potential litigation. Mr. Goldberg also drafts and reviews employee handbooks, non-compete and non-solicitation agreements, employment agreements, and severance packages.
Mr. Goldberg has also represented clients before the U.S. Department of Labor with regard to wage and hour audits and Family Medical Leave Act complaints.
