’Tis the season for company holiday parties.
Since no good deed goes unlitigated, ’tis also the season for the employee claims that often arrive shortly thereafter.
Businesses should not lose sight of regulations that to apply to company-sponsored events, even social functions. Company officials should plan each holiday party in detail.
• Dress up your policies. Before the party, review personnel policies to ensure they are up to date. Given the number of claims filed after the holiday season, now is the time to ensure your company’s policies comply with ever-changing guidance from the Equal Employment Opportunity Commission, the National Labor Relations Board and other agencies. Managers also should remind employees to conduct themselves in compliance with these policies. Setting expectations for the party ahead of time may help minimize inappropriate behavior.
• Pick the right theme. Characterize the event as a “holiday party” to avoid allegations of discrimination.
• When Facebook crashes your party. Even when done with good intentions, instructing employees not to post company party photos online may violate the National Labor Relations Act, especially if the employee posts about something construed as “working conditions.” While companies can prevent the dissemination of confidential information, company officials should consult with counsel before prohibiting social media activity.
• Getting into the spirits. While celebrating with a toast is a fond tradition, serving alcohol may bring risk. Since alcohol loosens inhibitions, companies that serve alcohol risk employees engaging in inappropriate behavior. If alcohol is served at the party, consider taking precautions, such as choosing a time or location that discourages excessive consumption, hiring a professional bartender to assess intoxication levels, limiting consumption through drink vouchers or limiting beverage selections. Companies also may want to provide transportation to limit driving after drinking.
• To give or not to give. Many of us have witnessed the scene: A supervisor, trying to be funny, gives a sexually explicit gift that makes others uncomfortable. Or a colleague gives a lavish gift that is interpreted as unwelcome romantic attention. The fact is, gifts can go awry and become part of an employee’s harassment claim. Companies should insist that all gifts be professional and appropriate.
• Wear your best “HR” hat. Instruct salaried managers to keep a watchful eye during the party. If at any point someone observes inappropriate conduct, designated managers should intervene and end the behavior.
• Give yourself a gift, too. Just to be safe, ensure that your company’s workers’ compensation, employment practices liability and other insurance policies are up to date.
Shannon Pierce is an employment and commercial litigation attorney at Fennemore Craig.