By Patricia F. Weisberg
In this day and age, a few clicks on a smartphone can send images of your company’s holiday office party across the wide expanse of the Internet.
For an employer, this prospect can be disconcerting, to say the least — especially if party activities were fueled by free-flowing, unmonitored alcohol consumption.
Employer-sponsored holiday parties can, of course, present a number of risks when alcoholic beverages are served. Aside from the embarrassment an employer may face if party exploits are broadcast via Facebook, YouTube or other social media channels, issues of harassment and liability may also arise as a result of these events.
With inhibitions relaxed, some employees may engage in conduct which they might not otherwise pursue, leading to overly friendly or aggressive behavior.
This type of activity — especially if sexual in nature — could expose an employer to complaints of discrimination under Title VII of the Civil Rights Act of 1964. This would be more likely to take place if the actions of an individual were a continuation of previous indiscretions, which might open the door to potential “hostile work environment” allegations.
In short, employers should be cognizant that holiday office parties can be opportune occasions for sexual harassment incidents to occur.

Civil liability for injuries or damage caused by an intoxicated partygoer – whether to himself or to a third party – should be another concern for company officials. If an employee injures himself at or after the party, the sponsoring employer could find itself subject to a workers’ compensation claim. Similarly, if an employee is involved in an accident with a third party on his way home from the event, the employer could – depending on state law – be the target of a “host liability” charge.
While Ohio law, for the most part, excuses an employer from such liability, other states may not. Consequently, it is imperative that party planners familiarize themselves with the appropriate state statutes before the planning process begins.
Having said this, companies need not abandon their holiday celebrations. These are occasions when an employer can truly express appreciation for its employees’ contributions to the organization throughout the past year.
By following a few suggestions, companies can still provide a safe, enjoyable and, to the extent possible, liability-free environment for all who wish to join in the festivities:
Numerous harassment, workers’ compensation or personal injury allegations have stemmed from incidents that occurred at holiday office parties or at unsanctioned “after party” events. In order to avoid such claims, and to ensure that holiday parties engender only pleasant memories, it’s important for employers to take steps beforehand to minimize the potential for problems.
In doing so, they will also be enhancing their ability to continue their holiday party tradition for many years to come.