How To Throw An Office Party Without A Legal Hangover

Tis the season to be jolly, but it can also be a time for naughty behavior at the holiday office party. Nobody wants to be a scrooge and ban the festivities altogether, but you also don’t want it to get out of hand and face lawsuits as a result. “The combination of a festive atmosphere and alcohol can lead to problems,” says Lisa Honey, a director at Rocket Lawyer and an attorney. “With the right planning it doesn’t have to go that way.”

How to Throw an Office Party

Serving alcohol  The holidays can create a lot of anxiety for HR managers and one area that is rife for concern is the holiday party. According to Amy Maingault, Director of the Knowledge Center at the Society for Human Resource Management (SHRM) a lot of the questions that come into the member hotline this time of year are centered around mitigating any potential liabilities due to the office party. The top concerns among human resources professionals: alcohol, harassment and discrimination. In the case of alcohol experts say you can either go extreme and ban it altogether or you can try to limit the consumption. Choosing the first option is sure to dampen the season and could leave you with less than thrilled employees. If you do plan to serve alcohol, experts say providing a means for employees to get home safely is a smart idea. That could mean having a taxi service at the ready or handing out vouchers to get home. Both methods will go a long way in reducing any chances of someone getting behind the wheel and hurting themselves or someone else after your party. While state law varies on who would be culpable, it’s not worth the potential liability if something does go wrong. Maingault says hiring a professional bartender who can check IDs and cut off overly drunk party goers is also a good idea. They are much more equipped to spot a fake idea and/or an employee who has had one too many cocktails. You can also give out a specified number of drink tickets or only have open bar for a couple of hours. “You might want to limit the alcohol to beer and wine,” says Maingault. “It’s not failsafe but it does slow down the consumption a little bit.” Handling harassment  While sexual or other forms of harassment can happen any time of the year, at the holiday office party, where alcohol is flowing and everyone is relaxed it’s easy for it to happen. A hook up between to employees may not seem like a big deal, but if one is a supervisor it could spell harassment suit come Jan. 1. Because of the risk, experts say it’s important to remind the staff, including top management that while it’s a party it’s still in a professional setting and therefore everyone should conduct themselves as such. “You can email some light hearted dos and don’ts and kind of remind people that this is a work party,” says Honey. “It’s a great way to not seem heavy handed but at the same time remind people that it’s a work party not a social one.” For business owners or C level staff, make sure they aren’t being too friendly or flirty with their workforce. It’s ok for them to have a cocktail or two but they shouldn’t throw back shots with the employees into the wee hours of the night. It's not a Christmas Party Discrimination is another worry during a holiday party and that can materialize in different forms. For one thing, you want to make sure your event is an inclusive as possible. The majority of your staff may celebrate Christmas but not everyone so refrain from calling it a Christmas party and stick with calling it a holiday party. You also want to make sure employees behave and don’t make comments that can be discriminatory. “A lot of times we get caught up with the minutia and liability,” says Maingault. “You need to focus on the fact that this is an opportunity for HR and all of the company’s leadership to thank employees for the hard work throughout the year.”