Holiday Party Harassment in California: Your Workplace Rights
Can my employer in California enforce workplace policies at a company holiday party? What are my rights if I experience harassment or discrimination there?
Each year, the Dolan Law Firm receives multiple phone calls from people who have been the victim of harassment or discrimination at company sponsored holiday parties in California. The holiday season is, once again, upon us and if everyone thinks ahead, many of the potential pitfalls can be avoided and everyone can enjoy the party.
End of year holiday parties have a unique potential for sexual harassment and other unlawful workplace behavior. Several factors combine to make harassment a particular danger at these types of functions. Holiday parties often take place at a location away from the worksite. This factor alone can lead to the relaxing of the behaviors people tend to understand as “workplace appropriate.” The fact that people are interacting in a much more social environment than usual can also add to the tendency for people to stray from workplace norms. This is often made worse by the common and accepted use of alcohol at these events. This combination can be a recipe for bad things to happen, including conduct that creates a hostile work environment under California law.
The good news is that employers can take steps to minimize the dangers of harassment. One thing an employer can do is include a copy of the workplace discrimination and harassment policies within any email or invitation, or a simple reminder that the policies in place at the worksite are applicable to the holiday party as well. Under California and federal employment laws, those policies do not disappear simply because the event is offsite or after regular hours. Reminders that, although co-workers will be interacting socially, they must treat each other with the respect they have for one another in the workplace, can set clear guidelines for what is appropriate behavior. Archaic traditions that attempt to legitimize and trivialize harassment, such as kissing under the mistletoe, need to be left in the past.
If the employer is hosting the bar, a limitation on the number of drinks can keep people from overindulging, and providing non-alcoholic options can help. No good has ever come from a person overdrinking at a holiday party and alcohol related misconduct can still support a claim of workplace sexual harassment.
Making sure, prior to the event, that everyone has a safe way to get home is also a big help. It can save an employee from getting a DUI. And, importantly, it can reduce the risk that an intoxicated worker is coerced to accept a ride home from somebody who makes them uncomfortable or who has ill intent.
If the employer participates in a gift exchange or “Secret Santa” game at the holiday party, a clear understanding of what types of gifts are acceptable is imperative. Sexualized gifts may seem funny to some, but can be offensive and traumatic to others given their particular history. Joke gifts can be fun and funny, but can also cross the line into scary intentional harassment or unlawful racial harassment. For example, Dolan Law Firm proudly represented an African-American woman who was singled out to receive a particular gift at a holiday party. She was purposely presented a purse embroidered like a confederate flag which contained pictures of the owner of the company dressed as Donald Trump in front of a sign indicating that the south would rise again. That “joke gift” was used to target her and contributed to a racially hostile work environment.
Another area of concern at holiday parties is religious discrimination and harassment. Not everyone celebrates Christmas. People of other faiths should not feel pressure to be involved in a religious based holiday, or to explain why they are not. California and federal anti-discrimination laws protect employees from religious discrimination in the workplace, including at employer sponsored events. We can all celebrate the end of the year, and most religions have some sort of a mid-winter holiday or day of remembrance.
When employers make expectations clear and plan for the well-being of all employees, it allows everyone to enjoy the holiday party and lowers the risk of future harassment or discrimination complaints.
Each employee can also help. Everyone should have a pre-planned way to travel home safely. Do not encourage overindulgence in alcohol. Think about how the gift you are giving may be received. Act with dignity and respect toward your co-workers, and speak up or report conduct that clearly crosses the line. Enjoy the party.
Hopefully, this year Dolan Law Firm does not receive one of those calls. If you experience sexual harassment, racial harassment, or discrimination at a company holiday party in California and have questions about your rights, contact the Dolan Law Firm for a free, confidential consultation with an experienced California employment lawyer.