Today's General Counsel, November 2022

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FEATURE

Easy on the Booze, No Flirting, Weed Is Still Illegal—Let’s Party! By LAURA A. STUTZ

T

he holiday season is almost here, and many employers intend to make it merry by hosting holiday parties for the first time since the onset of the pandemic. However, in addition to merriment, employer-sponsored holiday parties may present legal liability issues. Bear in mind that employees have had little in-person interaction with one another over the past two and a half years. Even before the pandemic, it was common for employees to forget

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that the office party is a work event where workplace conduct policies apply. Refreshing their knowledge of relevant policies and reminding employees that their obligation to conduct themselves in a professional manner from the work day through the office holiday party, even if the party is held off company premises, is essential to minimize legal risks. Parties sponsored by employers, whether held on or off company premises, are considered an extension of the workplace, and laws

NOVEMBER 2022

applicable in the workplace also apply to workplace parties. Consequently, employers have a legal duty to prevent harassment and similar offenses at office holiday parties in the same way they are required to prevent them in the office. Now is the time to remind employees of the employer’s anti-harassment policy and to ensure that they understand that it applies at all employer-sponsored events. Employers also have a duty to ensure the health and safety of BACK TO CONTENTS


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