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9 Ways to Avoid Holiday Party Horrors
October 28, 2009
Labor and Employment attorney Gayla Crain, of the law firm Spencer Crain, says employers need advice on how to avoid problems before they happen at office holiday parties.
If an office party incident follows previous incidents of misconduct, she says, it could constitute the evidence necessary to reach the 'severe' or 'pervasive' threshold, or at least create an issue for trial.
Crain advises employers to take the following steps to avoid a holiday party incident that could lead to litigation:
1. Have in place comprehensive, written anti-harassment policies, clearly spelled out in employee handbooks, and re-circulate copies of the policy prior to the party.
2. When considering holiday decorations, avoid having mistletoe. Send a memo reminding employees to act responsibly at the party, clearly expressing a lack of tolerance for inappropriate behavior.
3. Enforce the workplace dress code at the party to avoid any inappropriate or suggestive attire.
4. Invite spouses and family members or business associates such as clients and customers.
5. Make the holiday party a luncheon and focus on games or gift giving exchanges, or hold it in conjunction with an activity, such as ice skating, a sporting event or a holiday symphony event.
6. Make attendance at the party voluntary, and do not suggest that attendance will benefit a person's standing within the company.
7. If alcohol is served, set the tone of moderation in advance through interoffice memos, e-mails, meetings, inserts into paychecks, or other communications, and stress that excessive alcohol consumption will not be tolerated.
8. Limit the number of drinks, or the length of time during which alcohol will be served, and provide many non-alcoholic alternatives.
9. Serve only beer and wine, and avoid hard liquor or drinks, such as punch, that mask alcoholic content. This tends to limit overindulgence.
"If a problem happens in spite of these precautions, employers receiving any complaints of inappropriate behavior at the holiday party should take such complaints seriously and should take prompt, effective steps to address the complaint," says Crain. "This is particularly true if someone complains during the party or if a witness reports an inappropriate incident during the party. The Supreme Court has stated that employers can avoid liability for certain acts of sexual harassment by their employees if the employer responds promptly and appropriately to employee complaints. The bottom line is that an effective complaint procedure, if properly drafted and implemented, can be extremely valuable in defending against sexual harassment charges, no matter what happens at the office party."
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