For employers and employees, the Holiday Season is often a time for year-end parties, performance reviews and bonuses. All of these things may expose employers to major potential employment law risks. The first and most immediate risk is the company holiday party. Santa is great. Drunk Santa should take his show to Vegas.
Holiday parties are in many instances, expected and beneficial for employers and employees. They are a way to thank and motivate staff and encourage them about the future of the employer's business. They also bring a host of potential risks for employers.
Alcohol is typically at the root of these risks. Title VII Sexual harassment claims are often associated with after-work social functions involving managers, staff and alcohol. Other discrimination claims may arise as well due to the loss of conversation filters that many drinkers experience.
These are bad enough. But it does not end there. They same drunk supervisor that is groping the young secretaries and going off on religious/racist/sexist rants may well be the same person that t-bones an innocent family on his or her way home. Drunk driving following a work party can also create enormous liability for employers under New Mexico's dram shop and social host laws.
Limiting alcohol consumption at company functions is essential. Perhaps this is accomplished by issuing a defined number of drink tickets to each employee. Better yet, from a liability perspective, get rid of the alcohol altogether. Many cautious employers have moved in this direction moving holiday parties from evening to work hours eliminating alcohol from the equation completely.
A holiday party is a great way to show an employer's respect and gratitude to its employees. Unfortunately, this target is often missed and missed badly resulting in post holiday employment discrimination claims and personal injury lawsuits. Happy go lucky drunk Santa this year will be sad and poor strip mall Santa next if employers are not careful.
