Party Time – Holiday Harassment Edition

By Stephanie Dorning, JD, Employment Law Counsel
Published November 19, 2024

November is ending and the holidays are right around the corner. Alongside issues related to family schedules, travel plans, gift buying, and food preparation, many employers are juggling plans for holiday parties and all the legal concerns that come with them. A few years ago we discussed alcohol at work events and how best to protect your event and employees. Another worry we encounter when discussing holiday parties with members is harassment, particularly sexual harassment.

While it’s impossible to eliminate all risk of harassment, setting clear expectations prior to the event can reduce risks once the party begins. Remind employees of your organization’s anti-harassment policy and have everyone acknowledge they reviewed it. Discuss your internal code of conduct with employees, particularly those issues that are likely to arise during the event. Remind everyone that lewd comments, unwelcome physical contact, insulting language, and verbal or physical arguments are always against organizational policy, regardless of the setting. Employees should understand that illegal conduct remains illegal during a holiday party.

Remember, harassment is not limited to sexual harassment. Your workforce likely comes from a diverse mix of backgrounds and religions, each with unique traditions and practices. The holiday party is not an opportunity to interrogate someone about their beliefs or denigrate their customs. The party should be an opportunity to celebrate your coworkers and their accomplishments, not a chance to prove someone wrong or make a point. Employers should also strive to be as inclusive as possible when planning their events. Solicit ideas from employees from different backgrounds during the planning phase and try to avoid centering your celebration around one particular holiday or religion. 

Of course, sometimes things go wrong despite the best of plans. If you receive a complaint about harassment or inappropriate behavior following the event, you should follow up using your organization’s harassment and investigation procedure. If you find an employee did engage in some form of illegal harassment, you should take steps to resolve the issue in accordance with your anti-harassment policy. Even if the behavior doesn’t rise to the level of illegal harassment, but still goes against your code of conduct, you can take action. 

While the holiday party is a great time to relax and connect with your coworkers, it’s not an excuse to throw all the rules out the window. HR Source members interested in this topic should register for our very special Straight from the Source: Holiday Special on December 3rd when we will discuss some of the biggest challenges employers face this time of year. It’s free to HR Source members!

Ever faced a holiday party dilemma? Join the conversation and share your story in our online community, HR Exchange.