Employers can be liable at office parties
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News from the National Federation of Independent Business
WASHINGTON DC — The holiday party season is here, and the Small Business Legal Center at the National Federation of Independent Business is advising its members to keep celebrations safe by watching out for two problem areas – drunk driving and harassment.
An increasing number of states require employers to exercise reasonable care to prevent injuries by intoxicated employees leaving holiday parties. To minimize the risk of liability, an employer should do the following:
—Use professional bartenders, and instruct them not to serve anyone who appears intoxicated.
—Distribute drink tickets to limit the number of free drinks.
—Serve lots of free food to soak up the alcohol.
—Ask trusted managers and supervisors to be on the lookout for people who have had too much to drink and unable to drive or need assistance getting home.
—Pay for cabs to take impaired employees and guests home or offer designated drivers.
Socializing, alcohol, and mistletoe combine to create an environment that can lead to sexual harassment or fighting. An employer can be liable for what happens. Employee lawsuits can result from voluntary events held outside the office and outside normal work hours.
—Remind employees about your harassment policies before the party.
—If your business does not have an anti-harassment policy, get one. Have it reviewed by an attorney. Check the NFIB handbook for a model policy developed by NFIB.
—Don’t hang mistletoe.
—Ask trusted managers and supervisors to intervene and stop any fighting or inappropriate conduct they witness.
Finally, make sure that all employees understand that a holiday party is a work-related activity, and that rules for appropriate work behavior still apply.
