As the holiday season approaches, and we look forward to celebrating with our friends and colleagues, employers must keep in mind the “dos and don’ts” of the office holiday party. With careful planning employers can avoid or minimize the post-holiday party headaches and the potential legal claims and liabilities that could follow.
Below are a few guidelines for Holiday Season Best Practices.
Tip 1: To Party or Not to Party: Alternatives to the Traditional Holiday Celebration
As cliché as it sounds, the holiday event should not be a “Christmas” Party. This may be perceived as non-inclusive and offensive to employees with different or no religious beliefs and affiliations. The office celebration should be inclusive of all “holy day” observances and be referred to as a “holiday” party or take the holiday out of it altogether and call it a “year-end celebration.”
Alternatives to consider are organizing a day of volunteering such as wrapping gifts for the less fortunate, volunteering at a food bank, participating in an “adopt a family” event. If your culture is family-focused, plan a family-friendly event such as a mini-golf outing. These types of activities allow employees to get into the holiday spirit without the higher-risk party atmosphere.
Tip 2: Decorating the Office
Before you “deck the halls” with the usual Christmas tree and Santa motif, invite employees to bring decorations for their own cultural and religious holidays. Make room for a Hanukkah menorah, the red, green, and black candles of the Kwanzaa kinara, and any other appropriate winter holiday decorations employees would like to contribute to office decor.
Tip 3: Charitable Giving at or instead of a Party
With the economic difficulties that many face during the holidays, suggest that employees select a charitable organization they want to help, and organize a gift-giving opportunity for the employees to make donations, or bring gifts to wrap during the holiday party. Helping the less fortunate during the holidays can help morale by providing employees an opportunity to give back during this holiday time.
Tip 4: Participation is Voluntary
Some employees may not wish to participate in any type of holiday or celebratory event, and those decisions are to be respected and acknowledged. Employees must be aware that participation in any “holiday” activity is voluntary – even during regular working hours. No employee should feel or be compelled to participate in a gathering that is against their beliefs or non-beliefs no matter what the event is called.
If the celebration is held in the office, do not schedule it during employees’ regular meal breaks. This time is to be duty free and uninterrupted and hosting the company event during the meal break might make employees who do not wish to participate feel uncomfortable by having to take their meal break elsewhere.
Tip 5: Limit Holiday “Spirits”
A little too much “celebrating” can result in inappropriate conduct resulting in claims of sexual harassment, or alcohol-related driving incidents/accidents. These situations can quickly destroy whatever goodwill and appreciation a party was designed to demonstrate and can result in substantial liability for the employer, and possibly for the employees involved in such misconduct.
Remind employees that, while you encourage everyone to have a good time, your company’s workplace standards of conduct will be in force at the party and misconduct at or after the party can result in disciplinary action.
Steps should be taken to avoid potential liability for alcohol-related injuries and accidents. The safest approach is not to serve alcohol, especially if the celebration is during the day and on company premises. But, if alcohol is served, several steps can be taken to limit potential liability:
- Notify employees prior to the event that while everyone is encouraged to have a good time, professional and appropriate behavior are required.
- Remind employees to drink responsibly.
- Limit the amount of alcohol available. Do not have an open bar. Hire a professional bartender who is responsible for serving drinks and who can monitor consumption.
- Hold parties off business premises and shift the responsibility for serving alcohol to liquor licensees and professional bartenders.
- Be certain to have lots of non-alcoholic beverages so employees have a choice.
- Serve lots of food.
- Encourage the use of ridesharing or make other arrangements for anyone leaving the party who may need a safe ride. The cost of an Uber, Lyft, or taxi pales in comparison to the immeasurable cost of a drunk‑driving tragedy.
- Schedule the party to last only a few hours and stop serving drinks at least one hour before the function is scheduled to end.
- Allow spouses or significant others to attend which decreases the likelihood of over‑indulgence of alcohol and the potential for resulting misconduct.
Tip 6: Appoint Party “Supervisors”
While no one wants to spoil the fun, executives, managers, and supervisors should be expected to set an example of good behavior and could be appointed as “monitors” to look for signs of uncontrolled, unprofessional, and potential liability inducing behavior. Once any bad behavior is observed, they should act quickly, quietly and with discretion. Managerial and supervisory employees, as representatives of the company, should be advised they should not attend any “post party” parties with their subordinates.
Tip 7: No Bad Santas or Mistletoe At The Party
- Do not hang mistletoe at the party as this will only provide an excuse or invitation for employees to get “too friendly” with each other.
- If music is played during the party, make sure that the songs do not include any suggestive lyrics. No “kissing Santa” holiday songs should be played.
- Gift exchanges or raffles can unintentionally create inequity or discomfort if not managed properly. Participation in the gift exchange should be voluntary, and a modest spending limit should be set. If there will be a gift exchange, notify employees that the gifts must be appropriate and in line with the company’s policies on sexual harassment and workplace conduct.
Conclusion
With careful planning and a proactive approach, employers can ensure that the company holiday celebration is safe, enjoyable, and compliant with workplace policies. By setting clear expectations, managing alcohol consumption, promoting inclusivity, and addressing potential risks, organizations can host celebrations that strengthen team morale without exposing the company to unnecessary liabilities.

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