10 Considerations For Planning The 2016 Office Holiday Party

The end of the year brings many reasons to celebrate, and the vast majority of employers intend to make merry by hosting a holiday party of some sort. This occasion presents an opportunity for employers to foster team spirit and express appreciation for the hard work performed by staff all year. In turn, employees appreciate the chance to interact with their coworkers outside the hectic workday.

Nonetheless, a holiday party can create unintended negative consequences for employers. A quick search of YouTube videos can demonstrate how easily a holiday gathering can go wrong, especially if alcohol is involved. Despite their laudable intentions, employers could face liability for the conduct of employees who behave inappropriately. To help curb that possibility, we offer 10 considerations as employers prepare for their holiday events.

1. No pot at the potluck?

   On Election Day, several additional states legalized marijuana for adult recreational use.1 As a result, marijuana is, or shortly will be, legal for adult recreational consumption in Alaska, California, Nevada, Oregon and Washington.2 In California, for example, adults may possess up to 28.5 grams of marijuana and 8 grams of concentrated marijuana. The Massachusetts and Nevada laws permit possession of up to 1 ounce outside the residence.

   Given this trend, employees in affected states may feel it is appropriate to bring marijuana, in one form or another, to a holiday party. This development may make employers, and employees, uncomfortable for a variety of reasons. It also poses serious risks, particularly if employees bring marijuana edibles to share with coworkers. Edibles can be dangerous because the marijuana content may not be known to consumers and because its effects are delayed (by an hour or two), which sometimes leads people to ingest unsafe or unintended amounts of the drug. Every jurisdiction that permits the recreational use of marijuana has some law prohibiting the operation of motor vehicles with marijuana in one's system, too, although the standards to prove a criminal motor vehicle violation vary from state to state. Employers want everyone at the celebration to reach home safely.

   Despite the legality of possession in some states, employers still have the authority to ban pot from the holiday potluck—and from their premises generally. Marijuana remains a controlled substance under federal law. Employers that maintain drug-free workplaces do not need to alter their policies—although now might be a good time to remind employees in affected jurisdictions that their drug-free policy stands and will be enforced. And even in states where recreational marijuana is legal, those laws recognize that employers can prohibit marijuana consumption in the workplace and, by extension, at work-sponsored events.

2. But what about a cup of cheer?

   Alcohol consumption, though legal for those over the age of 21 everywhere, can quickly transform an otherwise innocuous party into a minefield of unintended consequences. Common claims that stem from such parties include sexual harassment and discrimination, as well as complaints due to injuries suffered both by attendees and third parties.3

   If alcohol will be served at an event, there are several simple ways to reduce the likelihood that attendees overindulge. For example, consider hiring a third-party bartender and/or issuing employees a limited number of drink...