36 percent of employers have reported employee misconduct at holiday parties; including fistfights and harassment. Much of the misconduct is related to excessive alcohol consumption. Employers may be liable for the acts of their supervisors and employees under several legal theories. For example, employers may be civilly liable for negligent or intentional acts occurring within the “scope of employment.” Employers may also be liable for harassment, discrimination, or retaliation in violation of Title VII.
Prior to the party, it’s important to review your company policies that prohibit drug and alcohol abuse, harassment, interoffice relationships, fighting, weapons and other misconduct. These policies do apply at holiday parties as well. Also, be sure to re-educate supervisors and employees about federal laws that prohibit harassment, retaliation and other provisions under the EEOC. Make sure they’re aware of the proper procedure for reporting and responding to harassment, discrimination or retaliation claims. It might be prudent to consider whether a private binding arbitration program for resolving employee claims is right for your company before anything happens.
Most holiday party misconduct is related to over-consumption of alcohol. If you choose to serve alcohol at a party, consider the following actions you could take to minimize your risk:
While you can’t completely eliminate the risk of employer liability from parties, by planning appropriately you can reduce it. Happy Holidays!
This information originally appeared in Labor Lawyers, an online publication by Fisher & Phillips LLC (http://www.laborlawyers.com/plan-now-to-minimize-liability-for-holiday-party-misconduct)