It’s that time of year to celebrate all our hard work over the last 12 months! As 2025 winds down, however, employers should take steps to ensure they aren’t carrying any potential liability into 2026 from those exciting and fun office holiday parties.
Employers should have their policies in place about the overconsumption of alcohol and harassment. Everyone should be informed and educated, so that everyone can enjoy the holiday season. First, some general recommendations about holiday parties:
- Be inclusive of all employees. Be mindful of not decorating with seasonal décor that favors one religion/religious group over another.
- Be aware of your company’s social media policy and advise employees of what should and should not be posted on social media.
- Be aware and remind employees of any dress code policies.
- Make sure the holiday party is voluntary.
- Think about the hours and location of the event. A holiday party that is slated for 2-5 p.m., for example, may be better than one from 5-8p.m.
Employers can face potential liability because of issues that arise from the overconsumption of alcohol at these events. They should recognize the potential liability associated with the consumption of alcohol supplied/sponsored by the employer, especially in instances in which an employee’s attendance at a holiday event is mandatory.
If employers are not careful, they could be brought in to defend litigation resulting from employee negligence at or after company events. These lawsuits usually lead to hefty settlements and/or the employer incurring legal fees to defend the suit. To help mitigate these occurrences, employers should remember to:
- Send out clear guidance on any policy against drinking and driving and/or the overconsumption of alcohol.
- Use alcohol/beverage tickets or stop serving alcohol an hour before the event ends.
- Restrict the type of alcohol that is served to only beer and wine.
- Be clear on the guest list and whether the event is open to minors or individuals under the age of 21 that may be exposed to alcohol.
- Consider having the event at a local restaurant rather than a bar or at someone’s house.
- Provide lodging options for your employees if the location is far away from home or office locations.
- Provide access to transportation and options to reduce the risk of employees driving.
- Consider having sober monitors.
The holiday season is not only filled with joy and celebration but the potential for inappropriate conduct and conversations. In many instances, employers should be mindful of potential physical injuries but also instances of perceived or actual sexual harassment during various holiday events. Sexual harassment can come in the form of unwanted comments, disrespectful language and sexual advances, as well as physical harassment. The conduct can lead to a tense and even hostile environment, and the behavior could ultimately carry over to the workday. The conduct can come from employees, supervisors or even clients and/or guests that are invited to your holiday party.
Regardless of the location and/or time of a holiday party, the employer may be liable for what occurs because it is an employer-sponsored event. Employers should remind employees of appropriate holiday party behavior:
- Send out clear guidance to all employees reminding them of the company’s zero-tolerance policy on discrimination and harassment.
- Remind employees of the complaint process for the company should an issue arise.
- Remind managerial staff that they must act professionally. If they witness any inappropriate behavior, they should report it immediately.
- Remind employees of the bystander effect. If you see something, say something. Even if an employee is uncomfortable with speaking up in a certain situation, they should be able to go to a supervisor and voice any concerns.
- If a complaint comes in, make sure that it is well documented and investigated promptly.
This list of precautions may seem daunting, but planning ahead can ensure everyone has a great and responsible time at your office celebration as part of a safe and happy holiday season. Happy Holidays!
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