WORKPLACE LAW - Safe Holiday Parties

Question:

With the holidays coming up, I want to plan a party for my employees. I know that employers sometimes run into trouble with these kinds of social events, but I feel like a wet blanket not planning something fun for my employees at this time of year. What can I do to minimize problems but to still make sure that people have a good time?

Answer:

You are certainly not alone in wanting to provide your employees with a reward during the upcoming holidays. However, you are also right that holiday parties can lead to a variety of problems—or potential problems—for the employers hosting them.

One of the biggest problems employers face when planning holiday parties is the potential for excessive drinking, which in turn can lead to accidents, confrontations, or unwanted sexual advances. Employers therefore need to think about how to handle these issues in advance, and plan for a safe gathering for their employees.

One way for employers to do this is to restrict or eliminate alcohol consumption. If you do decide to provide alcohol, you might choose to avoid offering hard liquor, and simply offer beer and wine to employees (along with plenty of non-alcoholic options). You might also consider providing your employees with drink tickets, so that they are only permitted to have a certain number of drinks during the party. Requiring employees to purchase additional drinks may discourage excessive drinking, and will give you, as the employer, some control over the amount of alcohol being consumed. If you are having your event at an off-site location, such as a restaurant, you can also limit the hours during which alcohol is served.

This brings up another important consideration for employers—where to have the party. Many employers have their holiday parties on-site in an effort to minimize costs. However, there are benefits to holding your holiday celebration at a local restaurant or hotel. Having your party at an outside venue can help relieve you of responsibility if one of your employees is injured during the event. A location away from the office may also encourage employees to carpool with one another (and to designate a driver), which can minimize the risk of car accidents or other problems following the party. Regardless of where your party takes place, you should always provide your employees with transportation if necessary. Some options include renting a shuttle bus or limo service for the evening, or paying for employees’ cab fare. Employees should be told in advance that these options are available to them.

Even if you don’t have your party at an outside venue, you should consider having it catered. Having a professional bartender can help minimize an employer’s liability if an employee drinks too much, and also provides the employer with a neutral third party who will handle alcohol service and who won’t be embarrassed to stop serving someone if they’ve had too much to drink. Having your event catered also means that there will be food, which counteracts the effects of alcohol consumption and also gives your employees something to do besides simply standing around and drinking. Gift exchanges and party games can also distract from excessive drinking.

Employers might also consider designating certain managers or supervisors to act as “chaperones” during the event, so that someone is in charge of monitoring employees for unacceptable behavior. It is also a good idea for supervisors to be reminded of your company’s anti-harassment policies, and what to do if he/she witnesses inappropriate behavior, or if an employee makes a complaint following the party. Employers must remember that they may still be liable for harassment and discrimination by their employees even if it occurs after hours and/or off-duty, such as during an employer-sponsored event like a holiday party.

Lastly, you should consider whether your party will be for your employees only (and held during regular work hours), or whether spouses and significant others will be invited. The presence of spouses and, in some instances, clients, may encourage employees to be more reserved and to behave more professionally. Employees should also be told that their attendance at the party is not mandatory, and that they can choose not to attend if they wish.

The ultimate goal is to provide the safest environment possible for your employees, and also to express your expectations to your employees ahead of time. Utilizing these guidelines will help you anticipate and deal with the problems that most commonly arise, and will allow everyone—including you—to have an enjoyable party experience.
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