"Employers should remind employees up front that while the office party is meant to be a social event, all office behavior policies will still be enforced."
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Eat, Drink, Be Merry,
and Limit Employer Liability
at the Office Holiday Party
As the calendar rolls over to December, ‘tis the season for singing Jingle Bells, eating good food, and of course, partaking in the annual office holiday party. Office holiday parties offer employees great opportunities to mingle outside of the work environment and create a sense of camaraderie. However, too often these parties can also lead to sexual harassment complaints, too much drinking, and potential liability for employers. Businesses should not shy away from what is otherwise an excellent morale boost, but they should be aware of the liability risks at take steps to minimize them.
First, every year thousands of sexual harassment complaints are lodged for behavior at holiday parties. This is not surprising since these parties usually provide inhibition-lowering alcohol while simultaneously creating a friendly setting for employees. Employers should remind employees up front that while the office party is meant to be a social event, all office behavior policies will still be enforced. The courts have held that a sufficiently severe single incident of sexual harassment can lead to liability for employers who simply choose to look the other way. By reminding employees of the office sexual harassment policy, employers can reduce the likelihood of any inappropriate behavior being seen as condoned.
Additionally, employers should also observe employee interaction during the party to make sure behavior does not get out of hand. Such observation can even start beforehand by implementing a party dress code. Reminding employees that party attire should be business casual can avoid provocative dressing, and in the end can alleviate some forms of harassment.
Second, an intoxicated employee who gets into a car crash after leaving an office party can spell trouble for the employer. Generally, a party host is not responsible for harm caused by intoxicated guests. However, in limited circumstances, Labor Code § 3600(a)(9) can impose liability on employers who allow employees to drink and drive. In order to reduce the chance of liability (and of course keep people safe), employers should consider providing a no-host bar, or in the alternative provide drink tickets to limit excessive consumption. Employers might even consider offering incentives for designated drivers, such as gifts, or they can provide taxis to employees who are visibly intoxicated. The point is, if you know an employee is intoxicated, do not simply look the other way when he or she gets behind the wheel.
Finally, employers should make holiday parties voluntary. If attendance is required, liability is more likely to attach in the event that a complaint is filed or an accident occurs. Make sure your employees know that they are not obligated to participate. This can be done by reminding employees that party attendance is voluntary (and not affirmatively encouraging attendance), and/or by holding the party after work hours when employees are not being compensated for their time.
I am not suggesting you become the Grinch this year and ruin the holiday office party; however, simply introducing some basic ground rules is a great way to make sure everyone is on the same page and can act as a buffer to any employer liability.
Happy Holidays!
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This article is intended as a brief overview of the law and are not intended to substitute as legal advice. Any questions or concerns regarding any statute or case law should be addressed to a licensed attorney. Copyright © 2007 by Barker Olmsted & Barnier, APLC. All rights reserved.
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Holiday_Party_Article.pdf
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