Between the abundance of alcohol, raised spirits, people dressed in party gear, and tons of witnesses, the office holiday party is a ripe field for sexual harassment. It is not uncommon for an employee (sometimes, even, a member of upper management) to become intoxicated and start flirting or acting inappropriately with other employees. Years ago, this may have been seen as par for the course of holiday parties. Even today in other countries this kind of behavior is seen as the norm and tolerated. However, in the United States today this kind of behavior can result in the company getting slapped with a sexual harassment claim.
One of the best ways to reduce the risk of a sexual harassment claim is by not serving alcohol, or, at the very least, taking some of the measures outlined in my earlier blog to limit the amount of alcohol consumed. It is also important for upper management to be alert and take action if they witness any behavior that “doesn’t look right”. For example, if a supervisor sees an employee acting inappropriately towards another employee (e.g. standing too close, inappropriately touching, using suggestive language, etc.), that supervisor should step in and intervene. The supervisor should then privately speak to the employee who appeared to be acting inappropriately and determine if that employee is too drunk and should be asked to leave (with appropriate arrangements made to ensure the employee gets home safely). If handled correctly and prudently, this kind if refereeing can be usually be done without causing alarm to any of the employees, even the employees involved, and can help fend off sexual harassment lawsuits.
As a general rule, your company should have a published harassment policy (such as in the employee handbook) and procedures for dealing with claims, including company forms to be completed and filed by anyone who believes she or he is being harassed. These are essential tools for protecting the employer not just at the company holiday party, but year round.
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