11/ 29/ 2007
by Charles R. McConnell
‘Tis the season to be jolly and to celebrate. Times have changed, however, and one form of celebration—the once-popular “office party”—is no longer the welcome event it once was. This refers, of course, to the holiday gathering limited to staff only, with plenty of eating and drinking (both soft and hard) and socializing among employees. Many holiday gatherings have been held without a single problem arising, but some “office parties” have caused situations leading to damaged careers and relationships and placing businesses and individuals at considerable legal risk.
Why are more and more businesses abandoning the old-fashioned office party to celebrate the holidays? The reasons can be found in society’s steadily changing attitude toward alcohol and the passage of employment-related legislation making it possible for individuals to seek legal redress for perceived wrongs. In the past, the office parties, which commonly mixed employees and alcohol, have created problems that today could prove disastrous for employees and the employer.
The changing place of alcohol in society is reflected in the growing number of prohibitions against its consumption on company premises and at company gatherings. It’s reflected most dramatically in the enforcement of laws against driving under the influence and in the penalties assessed for doing so. Some folks who have been around for a few decades may recall a time when “drunk driving” was just another traffic infraction that carried few consequences, unless the driver had somehow caused harm. Today, however, the penalties are significant, and one or two instances of a DWI (driving while intoxicated) or DUI (driving under the influence) can mean loss of driving privileges and impact on one’s ability to earn a living.
As far as employment-related legislation is concerned, numerous protections are in place that did not exist years ago before passage of the Civil Rights Act of 1964. Title VII of this act made various forms of discrimination illegal. One specifically identified form of discrimination is discrimination based on sex, and what we have come to describe as sexual harassment is considered a form of sex discrimination under Title VII.
Often the office party scenario consisted of male and female employees socializing, minus spouses and plus alcohol. But, today, there is another factor to the hazards of alcohol and the risk of sexual harassment, alcohol-fueled and otherwise, to consider: the increasingly litigious nature of today’s society. In numerous instances, the harm caused by an intoxicated driver has resulted in a lawsuit against the company or facility that supplied the alcohol. In other instances, complaints of sexual harassment have similarly resulted in legal action.
At one time individuals--usually women--who felt they had been or were being harassed had no recourse. For the most part, complaining put one’s employment at risk. Now, hitting on someone at a party, engaging in some unwelcome flirting or even telling an off-color joke can trigger a sexual harassment charge. This possibility is not to be taken lightly; sexual harassment is one of the two most frequently charged forms of employment discrimination (the other is age discrimination).
Today the old-fashioned holiday party is too risky to undertake. There are simply too many ways in which something can go wrong, and these days when the problems noted here arise, legal complaints are likely to follow. So how does an employer show goodwill and appreciation at holiday time? One simple variation is to include spouses in a gathering in dinner or cocktail-party format; this has a moderating effect on alcohol consumption and limits sexual harassment possibilities. Another variation adopted by some businesses is a blanket prohibition of alcohol at company-sponsored functions. Other workable scenarios include the following:
- A family holiday party, including employees' spouses and children.
- An employee appreciation dinner held in the company cafeteria during a workday, with members of management serving the meal.
- The gift of a turkey or ham or a holiday food basket for each employee.
- An employee service awards ceremony held during the holidays, combining employee recognition with the holiday celebration.
Also, there's one alternative some employees genuinely prefer more than any of those mentioned above: community outreach activities, or bringing the holidays to the less fortunate in the form of gifts and food.
