What are the do’s and don’ts for holding workplace events during the holiday season?
Quick Answer
Avoid religion, make the event optional and inclusive, and carefully limit and monitor any permitted alcohol use. In addition, remind employees of particularly relevant pre-existing workplace policies, including those relating to illegal drug use, harassment, and use of social media.
Legal Perspective
Shawe Rosenthal
Baltimore, Maryland
Employers can minimize the employment issues that can arise in the context of holiday events by keeping the following in mind:
- Avoid religious themes and decorations
- Choose locations and times that are easily accessible to all employees. Or consider providing transportation to off-site locations, if public transportation is not readily available.
- Make attendance voluntary, and do not pressure/question employees who choose not to attend
- Remind employees of company policies on appropriate conduct and non-discrimination/harassment
- Consider whether alcohol should be served and if so, how much. Provide non-alcoholic alternatives and plenty of food. And consider providing transportation (e.g. ride vouchers) for employees who are drinking. Do not allow intoxicated employees to drive!
- Do not arrange for or permit high-risk physical activities during the event, particularly if people are drinking.
Relevant Case Law
Purton v. Marriott Int’l. Inc.
Dahlquist v. Amedisys
Schuyleman v. BP West Coast Products, LLC
HR Insight
Everde Growers
Houston, Texas
- DO decide whether to hold on company time, and note that if they are on company time, that they are PAID.
- DO remind staff that even if events are held away from the office on employee time, the same rules for harassment and discrimination apply as if they were in the office.
- DO be aware of the liability that you as an employer may have if alcohol is involved.
- DON’T forget to provide guidelines for events held on company time: It never hurts to remind everyone.
Raphael Health Care LLC
Columbus, Ohio
Use your diversity ERG groups for planning with HR support so it is all-inclusive, says HR Manager Margaret Hawkins. Turn it into a fun, yet educational, time to learn about celebrations of all faiths and ethnicities.
I would not serve alcohol if it is an on-site function. Make sure you have rides lined up in case people arrive having had alcohol. Better yet, schedule the holiday party to begin right after work.
Don’t forget about remote workers. Have many activities available so that people have alternatives to choose from. The more structured, the less chance for issues.
Melmark
Andover, Massachusetts
- Do: Throw a party! Year-end parties are standard office celebrations, and most employees expect one.
- Don’t: Make the party mandatory – forcing people to attend these gatherings can take the fun out of the experience.
- Do: Choose a time and a date when most workers can attend.
- Don’t: Ask employees to pay for the party – the employer typically pays for the holiday party.
- Do: Send invitations. This makes the party more special.
- Do: Set clear guidelines for behavior.
- Do: Consider a hybrid or a virtual party, if appropriate.
- Do: Take safety precautions.
- Don’t: Throw separate parties for staff and managers.
- Do: Model good behavior as a manager.
- Do: Fit the party to your staff.
- Do: Give out favors or gifts.
- Do: Plan games and activities.
The Cost of Noncompliance
Employee fired after seeking accommodation to skip company’s holiday party for religious reasons: Employer pays $68K
Who was involved: Pediatrics 2000, a private medical practice serving children and teens in New York, and a former employee who was a Jehovah’s Witness.
What happened: According to the EEOC’s lawsuit, the employer knew the employee was a practicing Jehovah’s Witness and initially accommodated her religious beliefs by giving her Wednesdays off to practice her religious faith. Over time, the company showed animus toward her religion by, among other things, calling her religion a “cult.” When the employee asked to be excused from the company’s holiday party for religious reasons, she was fired. The EEOC’s suit alleged other workers were allowed to miss the party for non-religious reasons.
In the EEOC’s view, the alleged conduct amounted to religious discrimination in violation of Title VII.
Result: To settle the lawsuit, the company agreed to:
- Pay $68,000 in lost wages and other damages to the worker.
- Create anti-discrimination policies that provide equal opportunities for workers in all aspects of employment, including religious beliefs.
- Provide training to management and employees about their rights and obligations under Title VII.
- Provide an employment reference for the worker.
- Submit to periodic EEOC monitoring.
Info: Pediatrics 2000 to Pay $68,000 to Settle Religious Accommodation Lawsuit, 7/2/20.
Key Takeaways
- Make it very clear that attendance at the event is entirely voluntary.
- Do not schedule the event on a religious holiday.
- Do not name the event a name that has a religious connotation associated with it.
- Before the event, send a reminder to all employees of relevant workplace policies.
- Do not include any religious messaging at the event.
- Make sure to monitor any alcohol use.
- If alcohol is served, consider offering shuttle and/or ride-sharing services to employees.
- Make sure the event venue is free of physical hazards that may cause injuries, such as slippery surfaces and improper lighting.
- Be sure that adequate insurance coverage is in place in the event of an employee injury.
- Encourage managers to set a positive example.
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