It’s the holiday season and time to party down.
But when it comes to office parties, alcohol and socializing don’t always mix.
Businesses are being warned to keep a watchful eye on intoxication and harassment that could end up turning into legal liabilities.
Employees who overindulge may end up driving home under the influence of alcohol; and socializing, alcohol and mistletoe could combine to create an environment leading to sexual harassment claims, according to the Small Business Legal Center and the National Federation of Independent Business.
A rising number of states require employers to take reasonable measures to prevent injuries by employees leaving holiday parties intoxicated.
To help employers avoid such legal ensnarements resulting from holiday parties, the Small Business Legal Center and the National Federation of Independent Business recommend the following:
» Make sure the party is voluntary.
» Use professional bartenders, and instruct them not to serve anyone who appears intoxicated.
» Distribute drink tickets to limit the number of free drinks.
» Serve heavy foods throughout the night so people aren’t drinking on an empty stomach.
» Ask trusted managers and supervisors to be on the lookout for people who have had too much to drink and who are unable to drive or need assistance getting home.
» Make sure employees have alternate transportation home, such as a designated driver or a taxi.
» Remind employees before the party about any company policies on conduct and substance abuse.
The organizations also remind employers that in addition to employees, their spouses and significant others, liability itself also attends the holiday party, because harassment suits can result from voluntary events occurring outside the workplace and beyond normal work hours.
Companies also should have an anti-harassment policy in place that has been reviewed by legal counsel. Employees should be informed that they are responsible to report sexual harassment they experience or that they witness.
An obvious caveat from the organizations is a warning to not hang mistletoe.
All employees should understand that a holiday party still counts as work-related activity and that standards of appropriate behavior still apply, according to the Small Business Legal Center and NFIB.
