Why do sexual harassment claims spike in January? Because the holiday office party is often seen as a “no fault zone” for improper behavior, which leads to alcohol-fueled incidents that injure both employees and companies.
“The corporate holiday party is a classic breeding ground for bad behavior that may cost a company time, money and valuable employees,” said Randall Gold, an attorney with Fox & Fox, which concentrates in sexual harassment and employment discrimination. “I have seen cases that came from employees thinking that anything goes because it’s the holiday season. It is critical that both employees and employers realize that the same rules governing harassment during normal business hours apply at the holiday party.”
To make the office holiday party a festive occasion without a morning-after harassment headache, Gold offered this advice:
For employers, know what constitutes improper activity. This may mean reviewing standard office procedures before the party.
“Even a single incident can be considered an actionable event,” he said. “This is heightened when actions are exacerbated with alcohol. Beware of touching, be sensitive about employees’ feelings and make sure to observe the same protocols you would have at the office.”
Gold warned about interactions between employees and company clients at the party. “If a client makes inappropriate and unwarranted advances toward an employee, your company may be liable in any impending suits, especially if that employee had been pressured to ‘take care’ of the client or ‘keep them happy.'” If questionable activities occur, Gold recommended the victim report incidents immediately. “Follow standard office procedures … and report the incident to HR immediately. If you have witnesses, make sure that you confirm everything with them. Be as specific as possible.” Employees also must be careful about how they treat spouses or guests. An advance on a coworker’s guest does not constitute harassment, but it is grounds for disciplinary action or termination.
Monday morning is as important as the party, Gold added. “There are a lot of instances where some innocent flirting at a party leads one person to believe the other is interested which could open the door to future harassment at the office,” he said. To avoid this, be open and honest about what happened at the party and dispel any rumors to the contrary.
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