As the recession lingers, employees are getting more litigious. According to a report from BNA, the Equal Employment Opportunity Commission (EEOC) received 93,277 private sector discrimination charges this year. It's the second highest in 20 years and the agency is thinking about increasing its staff to deal with the surge.
In light of all this, business owners definitely need to be vigilant. In fact, one of the biggest risks for employment problems comes during the holidays, especially with the end-of-the-year party.
So, to get some insight, I talked to Heather Gatley, who is the executive VP of human resources and the general counsel at AlphaStaff.
Messaging: Try to make the event nonreligious. This means avoiding phrases like "Christmas party" and so on.
True, this seems kind of strict. But why give attorneys any ammunition for a court case? A seemingly simple party invitation can be juicy evidence in a legal fight.
Party Pooper: Have one person who essentially monitors things (this means he or she must not be drinking, of course). The person will try to stop rowdiness or inappropriate behavior. After all, with the pervasiveness of digital cameras, some racy photos may show up the next day on employee Facebook pages.
Actually, a good way to reduce these problems is to invite spouses and the family. Often, this means fewer embarrassing moments.
Alcohol: By far, this is the biggest source of problems. But, there are some ways to handle things. For example, you can provide, say, two drink tickets for each person. Also, you can serve food with the drinks, which should help moderate things.
Some other ideas include stopping drink service at a certain time and even providing free cab rides.
Resources: Understanding HR rules can certainly help save your company a bundle. While it's important to get help from legal counsel, there are some good books on the topic, such as HR for Small Business.
Tom Taulli provides a variety of financial services to business owners, such as business plans, cash flow management and taxes. You can reach him at taulli.com.
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Reader Comments (Page 1 of 2)
12-06-2009 @ 6:26PM
William Cloer said...
As someone who has dealt with this exact problem, i'm glad to see a post that covers the dangers of work-related behavior, especially in a work-sponsored event.
Remember employers, you're responsible for what your people do - both to themselves and to others - while they're at your event.
As someone who knows.. be CAREFUL
http://www.irazorstrategies.com/wisconsin-search-engine-optimization.aspx
12-06-2009 @ 9:45PM
steve said...
Don't avoid calling the party a Christmas party. That is what it is. Without Christmas, there would be no party. The law is on your side if you don't lie down. The law only prohibits you from discriminating against a person due to religion in terms of employment opportunities. The law does not bar you from referring to one religious holiday over another. You calling it a Christmas party does not adversely affect someone's employment opportunity. The law only protects someone's right to practice a religion and does not give them a right to restrict other religions that are not their own. In fact, that is in direct violation of the spirit of the law.
12-06-2009 @ 9:58PM
media wiz said...
Some of these companies deserve to be sued. Unfortunately the worst offenders are the owners and the CEO's. One company I worked for managed to get thrown out of a restaurant because the two owners behaved so badly. That same company insisted that every employee had to attend or they wouldn't be paid for the day. A prestigous law firm I worked for had a lovely spread at the Millionaires Club but a couple of the senior partners had their tongues down their secretaries throats-rather openly in fact. A company that a friend worked for was owned by a PETA type activist who had become vegan. He insisted that all of the employees had to attend the party. All of the food was Vegan.
12-07-2009 @ 9:21AM
Laura said...
It's a Christmas party, so CALL it a Christmas party! It doesn't exclude thos of other religions. Why has the pendulum swung so that minorities are protected when they act, but Christian's are not? Get a backbone America!
12-07-2009 @ 9:22AM
Glenn Posner said...
Simply don't invite lawyers or ACLU freaks...
12-07-2009 @ 11:32AM
Big Sky American said...
Here's an idea. How about the next election try not voting for lawyer Democrats that make these rediculous laws, regulations, programs and agencies that end up costing us billions collectively taken from our paychecks and lose jobs in the process by creating economic chaos. Can anyone name any Democratic president or Demacratic senator/congressman that is/was not a lawyer? Maybe one or two. The point here is that Republican presidents and lawmakers have traditionally been businessman, and women, once employed in the public sector, that know to keep government out of businesses so that they can deal with their own issues in house, where as most Democrat lawmakers are just consumed with sitting on their pompus asses trying to think up ways to get the government's hand around the throat of American business. Many of us have seen a fellow employee get out of hand at parties. So let the boss or HR person deal with it. If there was sexual harrassment or descriminatory remarks made, most businesses won't tolerate it. But not calling it a Christmas Party? C'mon...
12-07-2009 @ 12:23PM
Lamar C. Chapman III said...
HEY AMERICA!!!!!!!
The way around this possible legal nightmare is to have all employees, executives and contractors as a condition of employment or contractual assignment sign a waiver or indemnification agreement upon employment or engagement that protects the company against any and all types of lawsuits resulting from any and all social, elected and non-business activities of the corporation.
CASE CLOSED!!!!!!!
Lamar C. Chapman III
Solo Fides (Only by Faith)
Crown-of-Life Recipient 10-24-2004
12-07-2009 @ 1:22PM
Claudia Thomas said...
Why does everyone have to have alcohol at their parties. I do feel that these parties are getting out of control with the alcohol and indescretions that arise from it. My goodness, get over yourselves and begin to be able to talk to one another without that crutch. You may find that others in your office are actually human and not driven to chat with alcohol in them
12-07-2009 @ 2:28PM
Jeremiah said...
Learn to drink "just enuf" to enjoy yourself, and not annoy anyone else - otherwise go seek help at AA....taz
12-07-2009 @ 3:40PM
Mike said...
I have been laid after more Christmas parties, not at our but at the ones down the hall or in the bulding. Seems like certain ladies notice you through the year, and get the message out to you to visit their Christmas party. Well let me tell you, I have always been told that there is motivation for everyone's actions. I think that some ladies will wait all year to get what they want!!!! That has been my experience. Make the rounds!!!
12-14-2009 @ 2:48PM
Sylvan said...
Every year I throw a party and for the last 4 years I put Christians and Jews party bring your own bitch I also adorn the walls with semi naked Muslim women pictures I downloaded from the Internet saying Allah loves a good BJ.
If the ACLU doesn't like it then sue me as this is American and freedom of speech should still be allowed in my office.
If these scumbags can't take humor then get out of hells kitchen
Even Jesus loved prostitutes and Moses loved Egyptian vagina
12-07-2009 @ 5:41PM
barry said...
Question for you and the readers.
I've heard that some companies provide voluntary breathalyzers for those interested in self testing before they go home. Additionally they will provide free transportation or even 1/2 price hotel rooms.
I've also heard it is advisable to hire professional bartenders. in theis way the responsibility is transferred from the company to the bartenders who are obliged to cut people off if they are visibly intoxicated.
here's a website with some further ideas on the avoiding legal issues
http://www.lifeguardbreathtester.com/Popular_Uses/office_parties.shtml
12-07-2009 @ 7:13PM
mymonroesales said...
If you don't want to call it a Christmas Party then don't have one at all. Its Christ Birthday so Celebrate it with some type of dignity and respect. And like Steve Said don't stop calling it what it is. That was stupid! And you should feel supid for saying what you did. Now as for the party it should never be a time to get stupid and drunk and start sinning. If everyone would honestly have a Christmas party you would have fun and people would make each other feel good by being kind, loving and respectful. And you Greedy CEO's out there could do a little blessing your hard working people with a bonus in these hard times instead of hogging up all the dough. Now I'm a CEO of my own company and my workers love me. I keep respect and honor to them and they do me. The best companies do. So Keep Christ in Christmas and you should have a wonderful time.
12-07-2009 @ 9:11PM
Cindy said...
Just with everything in life, you have to have moderation. If you drink, do it responsibly and where you can be in control of your actions. Remember, it only takes a few drinks to kill someone when you drive.
12-07-2009 @ 9:59PM
randy said...
Its real easy screw them dont have a party, the percentage of those that are looking for a free ride are in large numbers. screw them, pay them for btime worked & send them home to their own party. Problem solved
12-08-2009 @ 12:35AM
jerry said...
the best way to avoid any problems, don't have a party at all. have a dinner at a resteraunt insted, and they are on there own.
12-13-2009 @ 2:12PM
ecolamp said...
simple solution... have a Christmas party for Christians and none for non-Christians.... have a holiday party for everone else at a different location and let the owners or management make an appearance at both
12-14-2009 @ 5:22AM
Warren said...
Pretty soon it will be against the law to even utter the word "Christmas", maybe that is why there are so many lawsuits in the first place ?
Hope everyone here who reads this, has a very Merry Christmas !
12-14-2009 @ 7:37AM
Jean-Pierre Brunet said...
I don't see how calling a Christmas party by any other name will make it less rowdy. The Christmas party is to underline this time of year when Christians celebrate the birth of Christ. I've attended the party at the end of Ramadam and did not feel that Muslisms
should call it anything other than whatever they actually call it. The name did not prompt me to attempt to cheat on my wife or any other thing that some unbehaved people do some time. In fact, I had a great time even though alcohol was not even served at
this feast! Excellent food, good arabic music and lots of great discussions.
We all had a good time! And I'm Catholic!!!
12-14-2009 @ 10:05AM
Tim Orris said...
Call it a holiday party. Christ was not born in December , Considering the guiding star, the fact the were going for annual census (Taken in April, Baby lamb in stable, Birthday should be celebrated about Easter. Reason we use xmas dates goes to druids in Europe who had festival on Dec 21 return of son on shortest day of year. (ask your minister)