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Law360 asked employment lawyers for
their legal tips to employers who host holiday parties.
The attorneys’ advice falls into four
categories: 1. Limit Booze. 2. Minimize Opportunities for #MeToo Moments. 3.
Beware the After Party. 4. Avoid Religion and Pot.
Now, some elaboration.
Michael Schmidt, vice chair of Cozen
O’Connor PC’s labor and employment practice, said, “I think it’s fair to say
that companies are definitely questioning both the need for holiday parties
this year and how they go about doing [them] this year because of the #MeToo
movement and everything that’s gone on the past year in the sexual harassment
area.”
Typical problems: “For example, a
drunk supervisor may touch a subordinate without consent, or a conversation
between inebriated colleagues at the bar could lead to offensive comments or an
improper sexual proposition.”
Jennifer Fowler-Hermes, chair of
Williams Parker Harrison Dietz & Getzen’s labor and employment practice,
notes: “Employers who do allow alcohol at their company events should realize
that alcohol affects individuals differently. They should also recognize that
employees who would not normally engage in improper conduct may do so after
several drinks.”
She suggests that employers make it
known in advance of the party that the company’s standards of conduct and
harassment rules remain in effect.
She also suggested that the duration of the party be limited, particularly if alcohol is served, and that employers make sure that the drink menu itself is limited, that food is available and that workers aren’t serving themselves drinks.
She also suggested that the duration of the party be limited, particularly if alcohol is served, and that employers make sure that the drink menu itself is limited, that food is available and that workers aren’t serving themselves drinks.
Craig Bonnist of McCarter &
English LLP observed: “A lot of what comes across my desk is what happens after
the party. An employer needs to make it clear that a party ends at a certain
time.”
While employers can try their hardest
to make sure their holiday event is conducted by the book, Bonnist noted that
many legal problems actually arise from things that happen after the party was
supposed to have ended.
That means employers must set a clear
end to the party and managers should avoid even attending any after-parties,
let alone picking up a bar tab, he said.
Several attorneys advise employers to
avoid religious symbolism at company-sponsored events to avoid potential claims
of religious discrimination and opt instead for seasonal themes.
“I would set the expectation or let
employees know ahead of time that this is an event to celebrate the end of the
year and is not to celebrate any particular religious holiday,” Bonnist said.
Meanwhile, a new issue that is
increasingly working its way into employers’ minds is what they should do if
they operate in states that allow for some form of marijuana use and an
employee at a company-sponsored event decides to partake.
Schmidt noted that even in states
that have legalized marijuana for recreational use, it is still an unlawful
drug under federal law and users are “arguably committing a federal crime.” He added: “It very much is a new wrinkle in
this area and one that doesn’t have a whole lot of answers or definitive
answers just yet.”
***
Material excerpted from Vin Gurrieri,
“How To Throw A Holiday Party — Without The Legal Hangover,” Law 360 (Dec. 13,
2018).
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