How To Lawsuit Proof your US Holiday Party

´Tis The Season To Be Jolly

You and your hardworking team are getting close to the finish line of 2018. Best case, you will all get a few days to relax and recharge with family and friends before 2019 takes off. But first, you want to treat your loyal and ambitious employees with a proper Holiday Party. And not just any party – true to our Nordic Viking roots there will be plenty of alcohol and silly games at this party. Or, wait – will there? Having worked within HR in both US and Sweden, I can tell you (unless you already knew) that there are certain things you need to consider if you don´t want to end up in a January lawsuit as a result of your December holiday party. So, read carefully, because here are my top three tips for how to lawsuit proof your holiday party.

FIRST TIP: No Naughty Santas Welcome

Repeat after me: No Mistletoes. No slow dancing. No “club festive” dress code. Remind people that, even if held off-site, this is a job related event, as in “professional”, not “private”. Consider inviting spouses to the party, this tends to have a calming effect.  

SECOND TIP: Be Careful With Alcohol

Clearly, alcohol has a tendency to make people loosen up, which might come in handy especially for us people from the cold and dark Nordics. But, please please please, make sure it stays within reasonable limits. Alcohol can make people say things they would normally keep to themselves, or become “flirty” and stepping over all kind of limits. At a company event, the employees are still employees and the managers are still managers, and as an employer you can actually become liable for what happens at the company holiday party. Not to mention the awkward conversations you will have to have next morning in the office, if things go overboard.

Consider throwing your event in the middle of the week. Limit the amount of alcohol served – or ask employees to pay for their own drinks. Have a bartender serve , who can assess who´s had enough and who can have more. Make sure to offer non-alcoholic alternatives. Serve no strong liquor or shots, but stick to beer and wine.

On the same topic, make sure people don´t drive home from the holiday party, if they are drunk. There was a court case in the US, where the employer had to pay for the damages caused by an employee who crashed her car on the way home from a holiday party.

THIRD TIP: Don´t say “Merry Christmas”

Title VII of the Civil Rights Act of 1964 prohibits religious discrimination and requires employers to accommodate employees’ religious beliefs. In addition, taking religion out of the equation will make all employees feel included, regardless of their beliefs. As a Swede, I was initially rather insensitive to this, since I come from a country where religion is not “a big deal”. For many people in the US, however, it is, and we need to learn to respect that. Therefore, make your “Christmas Party” a “Holiday Party.” Decorate with snowflakes and snowmen instead of religious motifs.

A Few Last Words

When you implement these tips, not everyone will probably love you for it. Someone might say you are taking all the fun out of the holiday party by not serving shots, or setting up mistletoes. But remember, you are first and foremost an employer, and not a party fixer. Show your employees your love and appreciation, but do it in a respectful and professional way. And trust me, post-party harassment claims are not that fun either.

Posted by Maria Ingelsson

Maria is one of our co-founders and a frequent blogger on our site