10 Ways To Celebrate The Holidays And Minimize Legal Risk

I am pleased to post my most recent blog on 10 ways to maximize inclusion and minimize the risk of the holidays: https://www.entrepreneur.com

The rapidly-approaching holiday season can be the most wonderful time of the year, but it also poses legal and employee relations challenges to entrepreneurs of all sizes. But most of these challenges can be mitigated with some thoughtful planning. So here's a checklist of issues to minimize the risk that your December celebrations will result in January claims.

  1. Don't eliminate Christmas.

    Don't eliminate Christmas from the holiday season, says this Jewish guy. It's a beautiful holiday that should be celebrated. And a Christmas tree is just fine, too. But what about those who don't celebrate Christmas? Read on.

  2. Include other holidays.

    General rule for the holiday season: it's about inclusion, not exclusion. Rather than excluding Christmas, recognize other holidays, such as Hanukkah and Kwanza. Consider a menorah and Kwanza basket along with the Christmas tree.

  3. What holiday did you forget?

    You don't know what you don't know. Profound. So, ask. Ask employees if there is a holiday that they would like to see included in the celebration (and that includes decorations).

  4. What should you call your party?

    "Holiday party" is the most inclusive term. Make your party more inclusive by having decorations and the music reflect diverse holidays.

    Think also about your choice of decorations and songs. Those that are religious are more appropriate for religious celebrations (or for religious employers).

    What if someone is offended by Bruce Springsteen's "Santa Claus is Coming to Town"? May that be your biggest problem.

  5. Should you serve alcohol?

    Never serve it to minors. Make clear adults who get it for them will be fired. As for adults, take steps to minimize abuse, such as limiting drinks, providing lots of food or even making employees pay for alcohol and then donating the money to charity.

    Even with restrictions, assume some people will abuse the alcohol you serve. Consider having cab vouchers ready for them without management knowing who the users are. This increases the likelihood that those who need vouchers will use them.

  6. What about harassment?

    December parties inevitably bring January claims about wandering hands, loose lips and... I'll stop there. Remember, Jack Daniels is no defense.

    This year, the EEOC has called out that alcohol is a risk factor when it comes to harassment, so focus proactively...

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