It’s the most wonderful time of the year! The season’s greetings provide us with time to gather and reflect on the accomplishments and triumphs of ourselves and our peers. With a season so festive and spirits so bright, let’s not have legal nightmares keeping you up at night. You gather as co-workers, friends, and colleagues, but this holiday season, take it easy on the eggnog, please. Make sure to enjoy your holiday season (responsibly), and in doing so, let’s help you stay on the “nice” list this year!

Too much ‘Holiday Spirit?’

It’s important to remember that employment laws don’t take a break for the holidays.  A holiday party can be a great way to celebrate another year gone by and build camaraderie, but employers should remember, and remind their employees, that company policies still apply.  This includes, of course, policies against discrimination and discriminatory harassment.  And, with many employers choosing to serve alcohol at holiday functions, as you may guess, this could increase the odds that things could go sideways.  If the party gets too rowdy, or if a flirtation progresses into an inappropriate sexual advance, you may soon have a whole host of issues on your hands, ranging from the obvious sexual harassment claim to other issues, like workers’ compensation claims, or liability to a third-party for damages caused by one of your merrymaking employees.

As the holiday festivities are shortly starting, it is imperative to provide a helpful reminder to employees (and supervisors) that the company’s policies against harassment and discrimination apply during company-sponsored events, just as they ordinarily apply during the workday.

Remember that Holidays Aren’t the Same for Everyone

It’s also worth remembering that not all employees celebrate the religious aspects of the season.  Diversity makes the workplace a better, more productive place, and a holiday party should reflect the diversity of the workplace.  Beyond the fact that laws like Title VII of the Civil Rights Act of 1964 protect against discrimination on the basis of religion, your holiday party should be a place of inclusion that makes all employees of any or no religious affiliation feel welcomed. Consider these steps:

• Hold holiday parties off-premises and during non-work hours if possible.
• Make attendance optional. If the party is held outside of work hours and optional, then employees who may not celebrate holidays for religious or ethnic reasons can miss the party without forfeiting pay or suffering discipline.
• Consider offering a “holiday party” or “end of year party” instead of a celebration linked to a particular religious observance. Although you may not get sued for simply having a “Christmas Party” or “Hanukkah Party,” adding religious overtones to your celebration may leave some workers feeling alienated or unwelcome.
• If an employee has a religious or cultural objection to participating in your company’s holiday celebration, explore whether there’s a reasonable accommodation that will alleviate that employee’s concerns.

Don’t Hog the Eggnog!

Many employers choose to serve alcohol to add to the cheer and festive atmosphere at their holiday parties.  There’s usually nothing wrong with this from a legal perspective, and employees often appreciate the ability to enjoy an adult beverage while having a good time with work colleagues.  Serving alcohol at a work function does have its risks, though.  Here are some considerations if you decide to include alcohol at your holiday festivities:

• Consider offering drinks with lower alcohol content, such as beer, wine, and hard seltzers, and serving food, too, to help slow the absorption of alcohol.

• Consider having alcohol served by a professional bartender who can better recognize a visibly intoxicated person and/or limit the number of beverages available for each guest.
• Make transportation available to and from the event.

The holidays are a time of celebration for everyone, and your holiday party should be, too. Remaining cognizant of the liability issues that may be associated with a holiday party can help keep things ‘merry and bright.’ As always, feel free to contact a member of the McNees’ Labor & Employment Group if you have any questions or concerns about your holiday party.  We wish you all a happy and healthy holiday season!