Don't Let Your Holiday Party Become a Lawsuit Wonderland

"All employees should feel included in celebrations during the most festive time of the year. California's Fair Employment and Housing Act and federal laws such as Title VII of the Civil Rights Act of 1964 prohibit religious discrimination. Avoid skating on thin ice with these laws, and plan a neutral party that does not favor one holiday or religion over another. For example: Sleigh the Alcohol Risks"

"Alcohol is the ultimate Grinch when it comes to holiday party liability. Under California law, employers can be held responsible if an intoxicated employee causes harm even after leaving the party. In Purton v. Marriott International, Inc., 218 Cal.App.4th 499 (2013), the Court of Appeal found that an employer could be liable for an employee's DUI accident after a company party because the employee consumed alcoholic beverages at the party, which the court held was within the scope of employment."

Employers should ensure holiday events are inclusive, religiously neutral, and respectful of diverse dietary and cultural needs. California's Fair Employment and Housing Act and federal laws such as Title VII prohibit religious discrimination, so neutral themes and avoidance of religious décor or music are recommended. Alcohol poses significant liability risk because employers can be held responsible for harms caused by intoxicated employees even after leaving a company event, as illustrated by Purton v. Marriott International. Recommended controls include communicating responsible-drinking expectations, limiting drinks or capping open-bar hours, hiring licensed bartenders trained to cut off service, providing ample food and nonalcoholic options, and setting a last-call time.

Read at California Peculiarities Employment Law Blog