Unfortunately, in this litigious and sometimes reckless society, holiday parties also can create unintended hangovers for management and innocent bystanders if proper care is not taken to ensure that all guests enjoy themselves safely both during and after the party. A mix of holiday spirits from both the season and a bottle of vodka has the potential to create a painfully “memorable” evening that could be litigated for years:
· Someone slips and falls at the mandatory holiday party where
annual awards and bonuses are distributed.
· An intoxicated supervisor attempts to show his
“appreciation” to a subordinate through both verbal and physical “affection” on
the dance floor.
An intoxicated employee drives home from the office party
and injures the occupants of another vehicle.
Numerous Ohio courts have refused to impose liability upon
employers – or other social hosts -- for injuries caused by intoxicated
employees returning home from a party or other social outing, including golf
outings, company picnics or other voluntary social function. The driver, and
not the host, is primarily responsible for his or her own conduct. At best, liability would be imposed on a social host employer “only where
the host knew that the person to whom the liquor was furnished would consume it
and either was, or would become, intoxicated and would probably act in such a
manner while intoxicated as to create an unreasonable risk of harm to third
persons.” Baird v. Roach, Inc. (1983), 11 Ohio App.3d 16. However, those
cases have frequently rested on their individual facts, where the defendant
employers took extraordinary steps to keep employees from driving home drunk
after voluntarily attending an office party or were unaware that intoxicated
employees were driving home.
In order to avoid turning your festive event into the
subject of a lawsuit, you should consider incorporating the following
suggestions into your office celebration:
· Remove any argument that attending the party is a duty of an
employee.
o Make attendance at the party completely voluntary.
o Hold the party after regular working hours and maybe even
off the premises.
o Do not conduct any business (like handing out bonuses or
awards) at the party.
o Do not assign any employees to set up or clean up
afterwards. If you do, be sure that non-exempt employees are paid for
their time working at the party.
· Take steps to discourage boorish behavior by possible
harassers:
o Remind employees before the party that the sexual harassment
policy applies during the party and to any gag gifts that are exchanged.
o Invite spouses and significant others and maybe even
children to the event. This will be appreciated by the spouses and has the
added effect of deterring most boorish behavior towards staff by potential
harassers.
· Discourage the over-consumption of alcohol:
o Reconsider providing an open bar with limitless alcohol.
Consider a cash bar, a limited voucher system, a two-drink limit or
closing the open bar earlier in the evening.
o Ensure that non-alcoholic beverages are available.
o Hire a caterer to serve the alcohol (instead of self-serve)
and instruct the bartenders to refuse service to anyone who is visibly
intoxicated.
o Ensure that food is served at the party – particularly foods
rich in carbohydrates and protein. Avoid salty or greasy food that will make
guests more thirsty.
o Provide employees with tips for responsible drinking before
the party. This could include reminders about how much alcohol it takes over an
hour before an employee is too drunk to drive, to drink a glass of water
between each alcoholic beverage, and to eat enough food both before and during
the party.
o Consider holding the party on a weekday, instead of a
weekend.
· Discourage anyone from driving under the influence:
o Ensure that alternative transportation (such as a taxi) is
available for intoxicated guests. Providing free vouchers for cabs is the sign
of a classy and caring employer.
o Assign someone (who is completely sober) to keep an eye out
for visibly intoxicated guests leaving the party with car keys in hand.
o Encourage all employees to keep an eye out for intoxicated
co-workers who may not realize that they have had too much to drink.
· Be sensitive to the varying religious beliefs of your
employees.
o Keep it as a "holiday" party and be sensitive to
religious symbols and decorations.
o Remember that the Sabbath for some religions begins on
Friday evenings. Holding the party then could inadvertently exclude some
employees.
o Don't prohibit employees from recognizing a religious
holiday by name or in popular songs.
Review
the company’s insurance policy to determine coverage for furnishing alcohol
both on and off the company’s “insured premises.”
NOTICE: This summary is designed
merely to inform and alert you of recent legal developments. It does not
constitute legal advice and does not apply to any particular situation because
different facts could lead to different results. Information here can change or
be amended without notice. Readers should not act upon this information without
legal advice. If you have any questions about anything you have read, you
should consult with or retain an employment attorney.
