Ho, Ho, Holidays Are Here - Let's Party!

As I often heard growing up, “Laissez les bons temps rouler”. Thanksgiving is right around the corner and, before you know it, you’re in December with holiday festivities right up to ringing in the New Year.

Employer-sponsored holiday parties have been around since the first employee was hired, I imagine. They are a good way to boost morale, lighten the corporate mood, and to demonstrate to employees how much you and the business values each one of them. But there are several legal pitfalls HR needs to watch for. For example, your choice of venue and theme is important for avoiding religious discrimination lawsuits. And the venue should be ADA compliant. If you’re planning on having it outside of normal work hours, Fair Labor Standards Act issues come into play.

Then there are those risks that come from the drinking and merriment that often is part and parcel of the workplace holiday party. If you don’t serve alcohol, will anyone come? And, if you do, could you wind up with a sexual harassment, wrongful death, or other lawsuit if things go terribly wrong?

In today’s litigious society, a business owner and/or manager should be mindful of all the potential issues that surround an after-hours party, especially if alcohol will be served.

If you choose an outdoor venue or a venue where alcohol is not regularly served, yet you want to allow your employees to have a drink, then I would suggest a BYOB policy. I would post an office memo to all employees of this policy, as well as, strict guidelines for those wishing to drink. If a designated driver is not available, then it would behoove you to provide one. If you allow an employee to drive away under the influence, you and your business will likely be responsible in the event of an accident.

If you choose an indoor venue at a local establishment where alcohol is regularly served, then your liability risk is lower, but it is still a good policy to have designated drivers available.

Your party policy should also address other issues that may arise, such as a sexual harassment claim. Remind your employees that the EEO guidelines that govern day-to-day operations are still in full force during after-hours get-togethers, and that alcohol will not be accepted as an excuse for unlawful behavior.

This article only covered a few contingencies you need to plan for ahead of time. Be wise, and seek legal counsel if you feel it’s necessary. The last thing you want at the end of the season of celebration is to be slapped with a harassment or discrimination complaint.