Sexual harassment prohibitions extend to company holiday parties

On Behalf of | Nov 22, 2024 | Employment Law

As we approach the end of the year, many companies are already planning their holiday parties. Often these are held in restaurants, country clubs, event spaces and other off-site venues so that people have a chance to dress up, bring a guest and relax with colleagues away from their workplace.

While in earlier decades, it wasn’t unusual for these holiday parties to devolve into bacchanals of drinking and general bad behavior, most employers today are more careful about maintaining some control – for example limiting how many free drink tickets they provide or not having offsite parties at all. Companies have faced litigation for their share of responsibility in everything from sexual assault to drunk driving crashes.

Regardless of what kind of holiday festivities your employer hosts, it’s important to know that the same rules against sexual harassment and assault apply at an offsite and/or after-hours event that apply during regular work hours. The same applies to discriminatory behavior like using sexist, racist or homophobic language.

What should you do if this happens to you?

That means if you’re the victim of sexual harassment or assault at a holiday party, you can and should report it to your Human Resources department or (if there isn’t one) to the appropriate manager — meaning if your manager is the harasser, you should report it to someone above them. 

Once it’s reported, your employer has an obligation to investigate the allegation and take the appropriate disciplinary action. They are not allowed to retaliate against you for making a valid complaint.         

Your employer should know that harassment or discrimination by a colleague or manager is prohibited wherever and whenever it happens – including online. It’s also important for you to know your rights so that you can assert them effectively. If this doesn’t get the result you’re seeking, it can help to get legal guidance.

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