How can employers avoid religious discrimination when planning a party?
Although not necessarily unlawful, hosting an office Christmas party where attendance is implied to be mandatory may offend employees who do not celebrate Christmas. It could potentially lead to claims of religious discrimination or a religiously hostile work environment. An office Christmas party in and of itself generally will not support a claim for religious discrimination. However, it may be used as evidence to support a broader claim of religious discrimination. To limit exposure, keep celebrations secular.
What steps can companies take to limit general liability?
The easiest solution is to not have the party. However, if people want to celebrate and go out on their own, the company is still responsible if, for example, a supervisor makes an inappropriate request of another employee outside of the work environment.
Aside from not having a party at all, there are several things the company can do to limit its liability. First, make sure employees know your workplace substance abuse policy and that the policy addresses the consumption of alcoholic beverages in a work-related situation or office social functions. Use every communication vehicle to make sure your employees know the policy. Then, train your employees, both supervisory and rank and file, to make it clear to them that it is a company-sponsored function. The same rules that apply at work apply at the function. Even if alcohol is being served, the same decorum is expected.
What can be done at the party to limit liability?
Consider having the party off-site and have that establishment share responsibility (and potentially liability) for consumption of alcohol. If you do serve alcohol at an office event, consider hiring a professional bartender. The bartenders should have exclusive authority to pour drinks and cut people off if they have had too much to drink. Also, instruct the bartender to stop serving alcohol one or two hours before the party officially ends.
Avoid serving lots of salty, greasy or sweet foods, which tend to make people thirsty. Serve foods rich in starch and protein, which stay in the stomach longer and slow the absorption of alcohol in the bloodstream.
You can consider having someone act as a ‘designated driver’ or the company can reimburse employees for reasonable cab fare. Find somebody who would agree to chaperon the party and ensure things don’t get inappropriate.
Or, you could reinvent the office party concept. Why have the typical office party? Try something new, like an indoor carnival, group outing to an event or volunteer activity with a local charity.
Martin J. Saunders is a partner with Jackson Lewis LLP. Reach him at (412) 232-0404 or [email protected].
