Question: We are in the process of planning our holiday party. What legal considerations should we be aware of to ensure a fun and safe holiday party?
Answer: Yes; As the holiday season approaches, businesses are gearing up for the annual tradition of organizing a company holiday party. While the goal is to foster a spirit of camaraderie and celebration, employers should consider several factors to ensure a gathering that is not only legally compliant but also enjoyable for all participants.
- Responsible Alcohol Consumption: Opting to serve alcohol at your holiday party is a common choice, even for companies with a Drug- and Alcohol-Free Workplace policy. However, maintaining a balance and ensuring responsible consumption is important for the safety of all attendees. Employers have a responsibility to provide a safe environment, and in certain circumstances employers may be held liable for the actions of their employees even after they leave the holiday party, such as with alcohol-involved auto accidents. To mitigate risks, employers can consider measures such as distributing drink tickets, setting a cut-off time for alcohol service, and making food and water readily available to lessen the impact of alcohol. Offering alternative options like “mocktails” provides a festive atmosphere without alcohol. For businesses with minors or employee family members on the guest list, extra caution is advised to prevent underage drinking.
- Upholding Respectful Conduct: Despite the more relaxed atmosphere of a holiday party, it is important to remember that all company policies, including anti-harassment and code of conduct guidelines, remain in effect. Attendees should adhere to these policies, and decorations and gifts should avoid anything offensive or sexually suggestive. Employers play a vital role in setting the tone by reminding employees of these policies before the event and reiterating them during any gift exchange announcements. In the event of a complaint of harassment or violation of the code of conduct, prompt and thorough investigation followed by appropriate remedial action is necessary.
- Voluntary Attendance: Making attendance at the company holiday party voluntary respects individual preferences and helps avoid potential legal issues related to wage and hour regulations. Some employees may have reservations about attending events associated with specific holidays or where alcohol is served. Mandatory attendance not only goes against these preferences but can also expose employers to additional liabilities for any injuries that may occur during the event. Employers should also ensure gift exchanges are voluntary.
- Inclusive Party Theme: To foster inclusivity and prevent anyone from feeling excluded or discriminated against, employers should avoid centering the party theme around a specific holiday or religion. Instead, opt for neutral, winter-themed décor that creates a welcoming atmosphere for all employees.
Planning a holiday party for your company involves more than just arranging food and entertainment. By considering responsible alcohol consumption, upholding respectful conduct, making attendance voluntary, and embracing an inclusive party theme, employers can create a festive and secure environment for all employees to enjoy.