Perspectives

Holiday Cheer Without the Fear: How to Avoid Workplace Harassment and Liability at Your Company Party

The holiday season is a time for joy, celebration, and bonding with colleagues, but it can also be a potential legal minefield if not handled thoughtfully. At Wagner, Falconer & Judd, we believe in celebrating responsibly-because nothing dampens holiday cheer like a post-party HR nightmare. Here’s how to host a holiday party that’s festive, fun, and free from liability concerns.

Why Holiday Parties Pose Legal Risks

Holiday parties are an extension of the workplace, meaning employers can still be held liable for incidents that occur. Common risks include:

• Harassment claims stemming from inappropriate jokes, comments, or behaviors
• Alcohol-related incidents that lead to poor decision-making or accidents.
• Discrimination issues if the event feels exclusionary to certain groups.

With a few protective steps, you can minimize these risks while still throwing a memorable event.

Set Expectations in Advance

Clear communication is key. Send an email or memo before the party reminding employees of expected behavior. Consider including:

• A brief refresher on your company’s harassment and conduct policies.
• A friendly reminder that the event is a work-sponsored function. “Let’s celebrate responsibly!”

By setting expectations early, you reduce the likelihood of incidents occurring.

Manage Alcohol Consumption

Alcohol often loosens inhibitions, which can lead to unprofessional behavior. To minimize risk:

• Limit drinks by using drink tickets or offering a cash bar after a certain point.
• Hire professional bartenders trained to recognize when someone’s had too much.
• Offer non-alcoholic options prominently, showing inclusivity and encouraging moderation.
• Provide transportation such as rideshares, shuttles, or designated drivers to prevent impaired driving.

These steps demonstrate your commitment to employee safety and reduce the chance of alcohol-fueled accidents.

Foster and Inclusive Atmosphere

Holiday parties should be welcoming to all employees, regardless of religious beliefs or personal preferences. To ensure inclusivity:

• Choose neutral themes like “Winter Wonderland” or “Festive Celebration”.
• Offer a variety of food and drink options to accommodate dietary restrictions.
• Plan activities that encourage everyone to participate, such as games, raffles, or contests that don’t revolve around alcohol.

Creating an inclusive environment reduces the risk of employees feeling excluded or uncomfortable.

Train Managers to Lead by Example

Your leadership team should understand their role in setting the tone. Provide guidance to managers on:

• Maintaining professionalism during the event.
• Recognizing and addressing issues before they escalate.
• Supporting employees who may feel uncomfortable or need assistance.
• Understanding reporting requirements should an incident occur.

When managers lead by example, employees are more likely to follow suit, reducing the risk of misconduct.

Reinforce and Review Your Harassment Policy

Ahead of the event, take the opportunity to review and reinforce your harassment policy. This can be done through a short refresher training or written reminder. Be sure to clarify:

• What constitutes inappropriate behavior.
• How employees can report concerns.
• The steps management will take to address any issues.

Reinforcing your policies demonstrates your commitment to a respectful workplace and can help prevent potential legal claims.

Address Post-Party Feedback

Following the event, encourage employees to share feedback. Create an open channel for reporting concerns and take action promptly if any incidents arise. Document any complaints and follow your company’s standard procedures for handling workplace issues.

WFJ: Your Trusted Partner in Employment Law

Even with the best planning, unexpected issues can arise. Having a legal partner like WFJ can help you navigate challenges, from policy reviews to handling harassment claims. We’re here to support you in creating a safe, inclusive, and legally sound work environment. With these tips, your company holiday party can be a time for celebration without the legal headaches. Here’s to making your holiday season merry, bright, and liability light!